Family Court of Western Australia

Example Property Orders

These property orders are given as a general example, you should seek legal advice before seeking orders specific to your situation.

Sale of land and division of proceeds

The applicant and respondent shall cause the property situate at (address), and being more particularly described as (land description as shown on the Certificate of Title) to be placed on the market for sale at a price and on conditions to be agreed between them.

The proceeds of sale of the property be disbursed as follows:

  1. in adjustment of rates and taxes
  2. in payment of the expenses of sale including real estate agent's commission;
  3. in payment of any monies required to secure discharge of any encumbrance registered against the title to the said property; and
  4. the balance be divided in proportions % to the applicant and % to the respondent.

The applicant and respondent have liberty to apply to the Court in relation to the terms and conditions of sale.

Transfer of interest in land

The applicant/respondent transfer his/her right, title and interest in the property situate at (address) and being more particularly described as (land description on the Certificate of Title) to the respondent/applicant absolutely.

Transfer of interest in land upon payment

The applicant/respondent shall pay to the respondent/applicant the sum of $X within 30 days.

Upon payment of the said sum the respondent/applicant transfer to the applicant/respondent the whole of his/her right, title and interest in the property situate at (address) and being more particularly described as (land description on the Certificate of Title).

The applicant/respondent indemnify the respondent/applicant and keep the respondent/applicant indemnified in relation to all liabilities and outgoings with respect to the property including all obligation pursuant to the mortgage registered against the title to the property.

Assets other than land

The applicant and respondent each retain the motor vehicles and furniture and household contents presently in their possession or control.


Last updated: 16-Apr-2018

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