No, your ex cannot sell your shared house without your consent—unless they are the sole legal owner of the property.
If the property is in both of your names (either as joint tenants or tenants in common), any sale or transfer of ownership will require agreement from both parties.
Even if your ex is listed as the sole owner, property settlements in family law may prevent them from taking unilateral action without first resolving financial matters.
Key takeaway: Your ex cannot sell a jointly owned property without your consent, and even sole ownership may not override your family law rights.
Understanding Who Legally Owns the Property
Before anything else, check the Certificate of Title to confirm whose name the house is in. There are generally two ownership structures:
- Joint tenants: Both parties have equal ownership, and the house can’t be sold without mutual agreement.
- Tenants in common: Each party owns a share (which may be equal or unequal), and any sale still requires cooperation or a court order.
If your name is on the title, your ex cannot sell the property without your signature. Even if they attempt to do so, conveyancers or solicitors will generally flag the issue during the transaction process.
Key takeaway: Your ownership of the title protects your legal interest in the property and prevents unauthorised sales.
What If Only One Person Is on the Title?
If your ex is the sole registered owner, things can get more complex. Legally, they have the ability to sell—but not necessarily the right to do so under family law.
If you lived in the property during the relationship and contributed financially or otherwise, you may have a legal interest even if your name isn’t on the title.
To protect your interests, you can lodge a caveat on the title. This notifies potential buyers that a legal claim exists on the property and will generally prevent the sale from proceeding until the matter is resolved.
Key takeaway: If you’re not on the title, lodging a caveat can stop your ex from selling the property without dealing with your legal entitlements.
Need a Lawyer?
When You’re in the Middle of a Separation or Divorce
During separation, neither party should take action to sell the shared property without first discussing and formalising the property settlement.
This process divides assets and debts fairly, considering factors like financial contributions, parenting responsibilities, and future needs.
The Family Court can issue orders preventing a sale, or require a house to be sold with proceeds divided in a certain way.
If your ex attempts to sell the home without including you in the decision-making, you can apply to the court for an injunction to stop the sale.
Key takeaway: Property settlement should come before any sale, and you can involve the court to protect your share.
What If Your Ex Sells the House Without Your Knowledge?
If your ex has sold the property without your consent and you were legally entitled to a share, you may still have legal remedies.
You can apply to the court to claim your portion of the sale proceeds, or seek compensation if funds have been misused.
It’s important to act quickly and seek legal advice. Courts can issue orders for financial adjustment, or even reverse the sale in some circumstances if fraud or bad faith is involved.
Key takeaway: Even if a sale has gone through, you may still be able to claim your share through legal action.
How to Protect Yourself from Unauthorised Sales
Here are a few steps you can take to prevent your ex from making moves behind your back:
- Lodge a caveat if you’re not on the title but have a legal interest.
- Get legal advice to initiate property settlement discussions or proceedings.
- Apply for an injunction if you suspect an unauthorised sale is imminent.
- Communicate in writing to keep records of your position and requests.
- Notify the bank if the property has a mortgage—they usually require both parties’ signatures.
If you’re asking, “can my ex sell our house without my consent?”—the answer depends on your ownership status, relationship history, and whether a property settlement has been formalised.
Regardless of the situation, you have rights under Australian family law, and you don’t have to navigate this alone.
Seeking legal support and acting early can prevent costly outcomes and ensure your fair share is protected.