If you have a dispute about land or goods that you co-own with one of more other people, Part IV of the Property Law Act 1958 (Vic) (“the PLA”) provides a resolution process for most disputes. If your dispute arises out of a marriage, a domestic relationship, a (business) partnership, or provision to family members under a will, you will not be able to use the procedure set out in the PLA.
For all other co-ownership claims, VCAT is the tribunal in which proceedings must generally be commenced. If one co-owner wants the property sold, then generally VCAT will ultimately order a sale of the property and division of sale, although a physical division of the property is possible in certain circumstances. In order to obtain such orders, you will generally need a copy of the certificate of title and a sworn valuation.
Navigating your way through a co-ownership claim can be difficult. Whilst legal representation at VCAT is generally not allowed without leave of VCAT or consent of the other party, leave is frequently granted where the co-ownership dispute involves land or goods of a significant value.