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VIC How to Transfer Home Title to My Name After Separation?

Discussion in 'Family Law Forum' started by MarL, 10 August 2015.

  1. MarL

    MarL Member

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    I recently went through a separation and have 3 young children. We have two properties and the idea is that I keep the family home and he keeps the property investment. Both have about the same amount of equity in them.

    The biggest issue I have is, my name is not on either title. How difficult is it for me to have the title transferred to me and what fees would apply? There is a mortgage on the property and I understand I will need to find a way to service the home loans which may be difficult but may be possible at this stage.

    If I am unable to service the loan is there any other legal arrangement that can be made to state that the property will be mine once I am able to?
     
  2. Michael T

    Michael T Well-Known Member

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    So you have not yet finalised property settlement and divorced? Then if you can come to an agreement between yourselves, then you need to set out in writing how the property (and other assets) will be divided. See Separation Agreement Kit – Australia - Legal Documents - LawAnswers.com.au. Once you complete that, then you can both get independent legal advice to make sure its fair and make it binding.
     

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