Selling Your Gold Coast Home During a Divorce?
Here’s What You Need to Know, And What Comes Next
Divorce and separation is never easy. Add selling your home into the mix, and things can quickly feel overwhelming. If you’re here, you’re probably trying to figure out where to start, and how to make the right decisions when everything feels uncertain.
You might be feeling stuck. Or maybe you and your ex-partner are on different pages. That’s normal. The truth is, there is a way forward, and you don’t have to figure it out alone.
This page will walk you through the essentials in a calm, practical way, so you can get clarity, make informed decisions, and protect your future.
Why Selling Feels So Complicated Right Now
Selling a property is already a big move. When you’re doing it while navigating a separation, everything gets more personal and more sensitive.
You might be dealing with:
- Disagreements over price, timing, or who gets what
- Uncertainty about who stays in the property
- Emotional attachment to the home or neighbourhood
- Pressure from lawyers or timelines
And most of all, you might just feel exhausted.
You’re Not Alone, And You’re Not Powerless
Many couples on the Gold Coast go through this every year. It’s tough, but it’s not impossible.
With the right approach, you can:
- Sell fairly, even if you don’t agree on everything
- Protect both your interests with the right legal support
- Avoid delays, financial mistakes, and extra stress
- Move forward feeling like you’ve done things properly
You don’t need to be 100% on the same page with your ex to get things moving. You just need a clear process, good advice, and someone to keep things on track.
What Happens First?
Here’s a simple breakdown of what usually happens when separating couples decide to sell:
1. Legal Advice Comes First: Protecting Yourself Before the Sale
Before you even think about listing the property, it’s crucial that both parties seek independent legal advice. This step may feel like a delay, but it’s the smartest way to protect your rights, prevent misunderstandings, and avoid conflict down the track.
Here’s why this matters:
Clarify the Legal Ownership Structure
Your lawyer can confirm whether the property is held as:
- Joint tenants – where ownership is shared equally and passes automatically to the other owner if one party dies, or
- Tenants in common – where each party owns a specific share (which may be equal or unequal) and can deal with their portion separately.
Understanding this is essential before making any decisions about sale or division.
Understand Your Legal Rights and Responsibilities
Divorce or separation can impact how proceeds from the sale are distributed, especially if one party contributed more financially or there’s a binding financial agreement or family court order in place. Legal advice will clarify:
- Your entitlements
- Any debts or liabilities
- The legal process of dividing assets under Australian family law
Set Ground Rules for the Sale
If you’re able to reach an agreement without court involvement, your solicitor can help draft a mutually agreed-upon sale arrangement. This might include:
- Who will manage the sale
- Who chooses the agent and approves offers
- How sale proceeds will be held and split
- Interim agreements for mortgage payments, maintenance, or occupancy
Even if you’re on good terms now, having this in writing helps prevent disputes later.
Avoid Delays and Legal Disputes
Without clear legal guidance upfront, things can quickly become messy. Disagreements can delay the sale, reduce your financial outcome, or even lead to costly court battles. Starting with legal advice creates a roadmap everyone can follow.
It might feel like things are moving slowly, but legal advice isn’t a roadblock; it’s a safeguard. It gives you both clarity, confidence, and control during one of life’s most emotionally and financially challenging transitions.
2. Agreeing on the Sale Strategy
If you’re both on board with selling, I can meet with you (together or separately) to:
- Discuss timing and current market value
- Recommend realistic sale options (private treaty vs auction)
- Set expectations about the process
My job is to stay neutral and focused on the goal: a successful, fair sale.
3. Getting the Property Ready
Depending on your situation, this might mean:
- Decluttering and staging for photos
- Arranging access (if one of you is still living in the home)
- Coordinating repairs or minor updates (if needed)
Even small improvements can help you get a better result, faster.
What If You Can’t Agree?
Selling a property together can be emotionally and financially complex, especially when you’re not on the same page. If one of you wants to sell and the other doesn’t, or if you’re stuck debating the timing, the price, or the choice of agent, it might feel like you’re at a complete impasse.
But don’t worry, disagreement doesn’t mean a dead end.
There are clear legal pathways and practical options designed to help resolve these situations fairly and without unnecessary stress.
1. Start with an Honest Conversation
Sometimes, open and respectful communication is all it takes. Try to understand each other’s concerns, whether it’s timing, emotional attachment, future plans, or financial pressures. Aligning your motivations early can prevent long-term tension.
2. Use a Property Mediator
If personal discussions aren’t getting results, a neutral third party, like a professional property mediator or family dispute resolution practitioner, can help. These professionals are skilled in conflict resolution and can guide the conversation toward a practical outcome without going to court.
3. Engage Legal Advice Early
When joint owners are at odds, it’s wise to seek independent legal advice. A solicitor can help you understand your rights and responsibilities, particularly if the property is owned as joint tenants or tenants in common. This legal structure impacts what each party can do with their share.
4. Apply to the Court (Last Resort)
If all other options fail and one party refuses to cooperate, you can apply to the Supreme Court of Queensland for an order to sell the property. Under the Property Law Act 1974 (Qld), the court has the power to order the sale of jointly owned property and to divide the proceeds fairly. This process can be time-consuming and costly, so it’s generally treated as a last resort.
5. Consider a Buyout or Transfer of Ownership
In some cases, one party may wish to keep the property. A solution could involve refinancing or a negotiated buyout, where one owner purchases the other’s share. This can offer a smoother outcome if one party wants to hold the asset long-term.
Bottom line: If you’re at a crossroads, you’re not alone, and you’re not stuck. There are fair and structured ways to move forward, even when emotions and opinions clash. The key is to act early, stay calm, and seek the right advice before things escalate.
What I Focus on as Your Agent
Selling through separation requires more than just listing the home. Here’s how I help:
- Neutral Communication: I keep things clear, calm, and focused on the facts.
- Respecting Boundaries: If you’re not comfortable meeting together, I’ll work with each of you individually.
- Reliable Market Advice: No pressure tactics, just honest feedback so you can make smart decisions.
- Discretion and Privacy: I understand what’s at stake and will keep your details confidential.
Ready to Talk? No Pressure.
You don’t need to make a big decision today. But if you want clarity on your options, or just want to know what your property’s worth in today’s market, I’m here.
There’s no judgment. No pressure. Just real support, when you’re ready.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD!
Phone me now for a chat, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
Some of the suburbs that I proudly sell homes in:
Sanctuary Cove
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
