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SA How to Remove Son's De Facto on Mortgage?

Discussion in 'Property Law Forum' started by twowrongs, 15 February 2016.

  1. twowrongs

    twowrongs Well-Known Member

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    Hi, I am very new to this.

    I was just wondering...my son and his de facto have split (she walked out). They have a son together of which they share custody.

    My question is, they had just moved into a home that they have a mortgage for with both names on - and we (son's parents) are the guarantors for them. My question is, can my son keep her name on mortgage papers - or how long can he have her name on them? She has paid nothing towards the mortgage since she walked out.

    Hoping we can have some help, please.

    Thanks
     
  2. Rod

    Rod Well-Known Member

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    Until she dies and her estate is wound up.

    This is probably not what your son wants as it leaves a claim by her on the property. If he was in a legally recognized de facto relationship then he needs to:
    • Organise his own property split with the ex or
    • go to court to get court orders.
     
  3. twowrongs

    twowrongs Well-Known Member

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    Hi Rod


    Thanks for your quick response. Is there something we, as the son's parents, can do to keep her from going down that track and taking the home from our son if he leaves her name on papers, as at moment, we are the guarantors?

    Unfortunately, at this stage, our son, if he went to bank to take her name of mortgage papers although he earns a good wage, it would not be approved for him to pay mortgage back on his wages alone.
     
  4. Rod

    Rod Well-Known Member

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    Not that I know. At the moment all you are doing is guaranteeing monies to the bank. The bank can claim the title in a default, not you.

    Maybe someone else knows a way, I don't.
     
  5. twowrongs

    twowrongs Well-Known Member

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    Hi Rod,

    I just thought maybe a caveat - will try get an get an answer regarding this matter.

    Thank you
     
  6. Rod

    Rod Well-Known Member

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    A caveat will not do what you want (ie get ex's name off title). You may be able to get a caveat but it is unlikely to be any value.
     

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