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NSW Family Court - How to Remove Wife's Name from Property?

Discussion in 'Family Law Forum' started by Mahesh, 8 December 2015.

  1. Mahesh

    Mahesh Member

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    Hello, everyone, I am new on to this forum. I need your valuable help & support.

    I married in India & I decide to file for a divorce in India but would like to know, what will be the procedure to remove wife name from the property & what will be the requirements from an overseas family court?

    If you can tell the whole process, I will be grateful. Awaiting your early reply.
     
  2. Louise4007

    Louise4007 Well-Known Member

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    Hi Mahesh

    Indian family law incorporating the applicability of the various religions to it can be found at Legal Service India - Law, Lawyers and Legal Resources

    Regards
     
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  3. Sophea

    Sophea Guest

    Hi Mahesh, I believe that you need to have a solicitor prepare a "Divorce Decree" for you which outlines who gets what from the assets and liabilities of both parties. You need to lodge that with the title transfer document. When you lodge the forms, normally stamp duty would be payable on a transfer of title however if you have the Divorce Decree they will waive the stamp duty.

    You will also need to speak with your bank who issued the mortgage to see what your refinancing options are if the house is not owned outright. The lender normally looks at the refinanced mortgage as a new purchase and the refinanced loan has to meet the same credit criteria as a new borrower. Arrange the bank settle the existing mortgage at the time you lodge the forms and to have the new mortgage ready to go.

    That's a rough strategy. Your first point of call should probably be a lawyer to sort out a divorce decree.
     
  4. Mahesh

    Mahesh Member

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