QLD Ex Not Paying Her Loan - What to Do?

[pix1]

Hi,

My partner has been separated and it will be 2 years in July 2017. He is legally divorced in December 2017.

His ex-wife is still on title of their property and has never contributed. The problem he has is, he is the guarantor for her and used the property for 50k for a smaill business solely in her name. On numerous occasions, she has told him to get settlement papers sorted through his previous lawyer.

On 3 occasions, to which each time she has decided, no, she will keep playing a game. Recently, she contact my partner and stated she was not paying her loan, and hasn't been for two weeks and doesn't care.

She walked out for another man after 27 years, left 5 children and my partner has managed very well and still is.

Is there any way she can be taken of the deeds or title of property, if there is proof she can't be bothered paying her loan, simply because she would like to see a big fail as my partner has moved on and she's become very jealous and would not take her back, therefore has started such behaviour?

Can the bank take her of title?

Any help would be great

Thank you

 

[Sophea]

She will remain on the title as long as you don't do anything about it. If she stops paying the loan, as guarantor your partner will ultimately have to pay it back. Whether or not he will have a contractual right to recover the money he pays as guarantor depends on whether she originally requested that he give the guarantee? If she did, he can probably be indemnified for what he has to pay off the loan for her. You would need to see a lawyer about that.

Your options are either:

1. negotiating or applying to the court for property settlement orders to sort everything out; or
2. Have her agree to sign a transfer of title to him (stamp duty can be waived as its a divorce situation) - however this doesn't deal with the loan issue, which you may be able to negotiate with her on the basis that - if she stops paying it, you will pay it off and sue her for compensation for it plus legal costs.