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TAS How to Remove Name from Certificate of Title?

Discussion in 'Property Law Forum' started by Rach083, 5 June 2016.

  1. Rach083

    Rach083 Member

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    Over 10 years ago I bought a house with a boyfriend. The house was under both of our names. We broke up a year after the house was bought. It was a mutual agreement and we never sought legal advice or anything (now I realise I should have).

    He has got the house and I want nothing to do with it. But my name is still on the certificate of title, what's the easiest way to remove it?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Rach083,

    Generally its a matter of filling out a Transfer of Title form, attaching relevant documents as evidence and submitting it to the Land Titles Office. In cases of relationship breakdown they usually waive stamp duty on such transfers, however since it has been 10 years and you have no evidence of a property settlement, such as an agreement or court orders I'm not sure whether they will.

    Here is a link to the Land Titles Website which has their contact information and the forms etc. Land Titles Office Frequently Asked Questions

    I would contact them to double check what the exact process is in TAS as it could be different from other states (they seem to have specific forms for each type of transfer).

    If you do have to pay stamp duty I would just say to your ex, if you want my name off the title you can pay it. Its in his interests to do that. If he dies the property will legally automatically pass to you if you are registered as joint tenants, and if you are registered as tenants in common, only his share can pass to his estate. As long as your name is on the title you remain a legal owner of the property.
     

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