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VIC Property Sale When Co-owner is Overseas?

Discussion in 'Property Law Forum' started by Michael Boyle, 12 March 2015.

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  1. Michael Boyle

    Michael Boyle Active Member

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    We are a married couple who jointly own a residential security in Victoria and are looking to sell the security in the near future.

    Due to my employment conditions, I'll need to spend majority of time time overseas.

    Under Victorian property law, can a property can still be sold when 1 of the co-owner is overseas?
     
  2. Ian Macleod

    Ian Macleod Well-Known Member

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    The property can be sold, but you would need to give your spouse Authority to act on your behalf in order to sell the property. You can do this by granting your spouse Power of Attorney.
     
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  3. Michael Boyle

    Michael Boyle Active Member

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    Thanks for your response Ian.

    The agent has told us we can send the 'contracts of sale' and 'Transfer of land' overseas for execution which would need to be returned say within 14 business days..Is this a better option than providing "Power of Attorney" to my partner?
     
  4. Ian Macleod

    Ian Macleod Well-Known Member

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    Maybe someone with more experience on this forum can answer the question.

    You do realise you can limit the Power of Attorney to just this one transaction and for a limit period of time? You can be very specific about the authority you grant.
     
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