Hi there. We do not have enough information to provide specific legal information about your situation. The information below is of a general nature only and may be relevant to your circumstances.
A person will legally own a property if their name is registered on the Certificate of Title. This is referred to as having “legal title” to a property. More than one person can have legal title to a property. For example, a married or de facto couple can hold equal shares in a property, meaning that they each purchased and now own 50% of the property.
A person who has legal title to a property can sell that property. If there is more than one person holding legal title, each owner will generally need to consent to the sale, as their signature will be required on any land transfer documents. Their signature may also be needed on any mortgage documents linked to the property.
However, under the Property Law Act 1969 (WA), it is possible for a co-owner of property to apply to court to force the sale of a property if, for example, there is a disagreement with the other co-owner about whether the property should be sold. The applicant needs to prove certain things to obtain this court order, and the other co-owner may be able to defend the application on certain grounds. A lawyer can advise you of how this process works.
If only one spouse has legal title to the property, the other spouse will have limited rights to control or stop the sale of the property. However, the spouse without legal title may gain some interest in the property if, in the event of a separation or divorce, it is determined that both spouses have contributed (financially or non-financially) to the purchase and maintenance of the property.