Fortunately our courts will come to your rescue with a wide discretion to make any order that is “fair and equitable in the circumstances”. Some of the orders a court might make include:

• Subdivision of the property if feasible, or
• Transfer to one of the co-owners against payment of a specified price to the other/s, or


• Sale of the property and division of the net proceeds between the co-owners. For example, the High Court recently ordered a property to be put up for sale firstly by public auction with a reserve price, and then - if the auction produces no sale - via an estate agent.

The court can also make any “equitable adjustment” between co-owners where one of them has had occupation or a financial benefit from the property, or borne any expenses relating to it (e.g. rates and taxes).

Note that where owners have agreed not to terminate the co-ownership for a period of time, this will be enforced. But any agreement to co-own in perpetuity is invalid, as no one can be forced to remain a joint owner indefinitely against their will.

Before opting for co-ownership of anything, take legal advice. Ideally enter into a properly-drawn agreement upfront to avoid any possible disputes, both during the co-ownership and on its termination.