How to Sell Your Gold Coast Home When Divorcing?
Selling your Gold Coast home during a divorce involves careful planning and cooperation. Begin by obtaining legal advice to understand your rights and obligations. Agree on the division of sale proceeds, either through mutual agreement or legal channels. Engage a real estate agent experienced in handling divorce-related sales to ensure a smooth process.
Prepare the property for sale by addressing necessary repairs and presenting it in an attractive manner. Maintain open communication with your ex-partner to facilitate decision-making and reduce conflicts. By approaching the sale methodically, you can achieve a fair outcome and move forward confidently.
Here’s What You Need to Know, And What Comes Next
Divorce and separation are never easy. Adding selling your home to the mix can quickly make things 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.
Why Selling Feels So Complicated Right Now
Selling a property is a significant decision. When you’re going through a separation, everything becomes more personal and 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 if there is 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 in the future.
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 remain neutral and focused on the goal: a successful and 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 achieve a better result more quickly.
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 that is needed. 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 the situation escalates.
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 maintain a clear, calm, and focused approach, keeping the discussion centred 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.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Sanctuary Cove
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.
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
