Yes - if you cannot reach an agreement, the Family Court can order the sale of a jointly owned property. Either party can apply for court orders compelling a sale if the other refuses. However, this is a last resort and courts prefer parties to reach agreement through negotiation, mediation, or consent orders. If you want to keep the home, you need to demonstrate you can refinance the mortgage into your sole name and pay your ex their share of the equity.
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Book a confidential chatHow to avoid a forced sale
The strongest position is having your finance confirmed before negotiations reach an impasse. If you can demonstrate to your ex (and their lawyer) that you have pre-approval to refinance and fund the equity buyout, a court application becomes unnecessary. Lendology assesses your borrowing capacity early so you know exactly what is achievable.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
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