Sharing is caring? –  Moore v Lukic [2025] NSWSC 1515

Sharing Is Caring? What Happens When Family Members Can’t Agree on a Property

Moore v Lukic [2025] NSWSC 1515

Owning property with family members can feel like a smart and supportive decision—until everyone wants something different.

This was exactly the situation in Moore v Lukic, a case that shows how quickly shared ownership can turn into a legal dispute when there’s no clear plan in place.

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The family dispute

The case centred on a family home in Ingleburn, NSW. The property was jointly owned by a father and his two adult children. The father owned 50% of the home, while each child owned 25%. The children inherited their shares after their mother passed away in 2009.

The father continued living in the home for many years. Over time, however, the children felt it was time to sell the property and move on. Their father disagreed, and despite discussions, the family couldn’t reach a compromise about what should happen next.

With the relationship at a stalemate, the children had little choice but to ask the Court to step in.

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When the Court gets involved

Under NSW law, co-owners can apply to the Court to force the sale of a property if they can’t agree. That’s what happened here.

The Court appointed independent trustees to sell the property and ordered that the father and any other occupants be given 90 days to vacate—longer than requested—after taking into account his age, health, and financial situation.

The Court also confirmed that the trustees were allowed to take reasonable steps to prepare the property for sale, such as organising access and presentation.

When it came to legal costs, the judge applied the usual rule: both sides’ legal costs would be paid from the sale proceeds. Importantly, the Court noted that co-owners are not legally required to avoid court proceedings, and the father’s conduct did not justify making him personally pay the children’s costs.

The father also tried to raise a separate estate claim at the same time, but the Court ruled that this needed to be dealt with separately.

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Why this matters for you

This case highlights issues that arise far more often than people expect:

• Shared ownership can become a dead end. When emotions, finances and family dynamics collide, agreement isn’t always possible.
• The Court can force a sale. If one owner wants out and no compromise can be reached, the Court has the power to step in.
• Legal costs can add up. While costs are usually shared through the sale, disputes still reduce what everyone walks away with.
• Planning early can save relationships. A simple co-ownership agreement at the start can set clear expectations and avoid conflict later.
• Estate planning matters. Property shared between parents and adult children can create long-term complications if not carefully planned.

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The takeaway

While the Court provides a solution when families reach breaking point, it’s rarely the best outcome. These disputes are stressful, expensive, and often deeply personal.

Clear communication, proper planning, and early legal advice can help prevent disagreements from turning into court battles.

If you co-own property—or are thinking about it—the team at Solari and Stock can help you put the right structures in place and protect your interests before problems arise.

If you are interested in preparing or updating your estate documents, or would like to speak with a member of our experienced Estate Planning Team, contact Solari and Stock on 8525 2700, alternatively or click here to request an appointment.

Our Estate Planning Team includes Rebecca Exley, Michael Solari, Nicole Commandeur and Valentina Abouzeid.

Article by Nicole Commandeur 
Image created in Canva