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ACT How to Remove Ex De Facto from Land Title?

Discussion in 'Property Law Forum' started by Troy Boundy, 28 July 2016.

  1. Troy Boundy

    Troy Boundy Member

    28 July 2016
    Likes Received:
    Ok, so here is my story of Woe,

    In 2011, I purchased a property with my Ex. The De Facto relationship broke down shortly afterwards and after agreeing, she moved out leaving me with the house, and also all our debts.

    At this stage, I couldn't afford to remove her from the title or mortgage as the banks wouldn't lend me enough on my own. So I battled through the years chipping away both the mortgage and personal debts.

    Fast forward to now, I am in a better financial position and have been unconditionally approved by the bank to remortgage the house in my own name, pending a stamp of transfer from the Revenue office removing my Ex from the title.

    This process has become a saga beyond belief. My Ex is still in agreement and has signed everything the Revenue office has put in front of us, however, I feel her patience is wearing a little thin at this stage as it's been countless forms and 3 months now. The latest being that now we have to lodge consent orders with the family court stating she wants no claim.

    Well, we tried that but they were unable to lodge them due to the timeframe of our separation being over 5 years ago. So now, apparently, we have to lodge an application of intent with the courts to ask permission to lodge a consent order so that we can get a stamp of transfer so I can remortgage the house and she can be removed from the title. (still with me?)

    This process apparently will take a further 8-10 weeks culminating in a court appearance so I can ask the judge's permission to lodge (and a whole new set of forms to fill out for both of us). I can eithe do that, or Pay stamp duty (again) and it will be over in days.

    Does anyone have any experience in this ridiculous process that may be able to offer help as to WTF is going on and if I do use this process that it is the only way for this to happen and will actually get this done?

    Also, what does the term Legally Recognised De Facto relationship mean? Does this mean we have lodged somehting to be recognised as legally De Facto? Or if we didn't, can we avoid all this by simply subnitting an affidavit?

  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Hi Troy,

    I'm not sure of any other ways around your predicament, however regarding your last question....

    Under the Family Law Act, a person is considered to be in a de facto relationship with another person if:

    • they aren’t legally married to each other
    • they do not have any family ties, a common ancestry, or have a child with one another
    • they are living together in a genuine domestic basis.

    In deciding to legally recognise your de facto relationship the court will have regard to:
    • the length of the relationship
    • the nature and extent to which the parties lived together
    • whether there was a sexual relationship
    • the degree of financial dependence and interdependence between the parties
    • the ownership, use, and acquisition of property
    • the degree of mutual commitment to a shared life
    • the care and support of any children
    • the reputation and public aspects of the relationship.

    These are generally factors that you would include in your affidavit to prove your de facto status which makes you eligible for the exemption and to be heard in the family court.
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