debt to take name of mortgage

Hi

hope somebody can help

my son and his now ex separated 4 years ago , they have a son he is now 6- my son has taken along time to get around to changing the mortgage into his name only and taking her name of - he is able to refinance so that is good only a short time ago she (the ex) said she can get conveyancer fees cheap - but now different story, says, she cannot afford this fee of conveyancer of around $600 - $700. My son was willing to pay the disbursement fees to change the mortgage into his name - I think this was only fair as she was going to pay conveyancer is there a way that this conveyancer bill can be put over to her - being in my eyes a fair deal - or is it just something my son should just pay and get her out of the picture - I don't think its fair
I know a lawyer might be the answer but that is not going to happen our son cannot afford this at all
could someone advise in this matter
thanks

CSFLW said:

Twowrongs, have both parties signed a Financial Agreement or Court Orders to finalise the property settlement?

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Hi No paperwork has been signed or in place - she the ex just wants her name of the mortgage - she was only in the house for 3 months and left

back awhile ago my son was told that each of them could fill out forms for Application for consent order and send to court - but we were speaking to like legal aid people and they said even though each party may agree on just taking name of mortgage paper if the judge wants to change it he can and that will be it - so it kinder deflated the purpose to go any further - don't understand how if each party agree that the judge can change it !!!!!

ok so what actually is a financial agreement how much does it cost
if our son refinances and her name is of the mortgage papers and has the conveyancer do their bit to remove her name she cant come back later surely
if to me why would he pay the disbursement fees to bank and also the conveyancer as well when it really is half her debt - to me bit more than beer money when our son is still trying to raise his son and pay for house

CSFLW I can suggest it to my son to email you for guidance - but the other question if the house gets changed to his name only and bank and conveyancer fees are paid - can the ex still try to claim our sons superannuation at all ??????