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TAS Joint Owner Not Removed from Property Title After Divorce

Discussion in 'Wills and Estate Planning Law Forum' started by JLJL, 3 October 2014.

  1. JLJL

    JLJL Member

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    Hello all, hope someone can assist. Originally my father (after new marriage) owned house jointly with new wife. They subsequently divorced & legal docs, pay out, etc. gave ownership in entirety back to my father. Have since found title was still in joint names & upon his death & disposal of assets , the ex received 100% of the house. Is this common? Is this contestable?Any suggestions/ideas. Should the change of title have been done at time of divorce? Thanks
     
  2. JLJL

    JLJL Member

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    Hi, Scenario where couple own house together & then divorce & property settlement & land title not changed back to single owner. Now sole owner dies & other (no longer joint) owner gets full possession. Is this common. Is it contestable by sole owners executor/ beneficiaries? Thanks
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi JLJL,

    I am not sure whether this is common or not. However, unfortunately, if your father did not actually make a transfer of property and register this with the Land Registries, it may mean that the property was never assigned back to your father and the joint tenancy remains.

    The question is, what legal document gave your father ownership of the full property? Without breaking joint tenancy, when one joint tenant dies, the whole property becomes owned by the surviving owner under the principle of right of survivorship. This means legal title is held by the ex-wife. Your father may still hold a beneficiary interest in the property, however, by virtue of the legal document (again, this depends on what legal document it is and whether it has been filed in court for a consent order), and this beneficiary interest can be passed on to his estate.
     
  4. Sarah J

    Sarah J Well-Known Member

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    There are formalities that need to be satisfied for transfers or dealings with land interest: Land Titles Act (Tas) s 58. This means, if the formalities are not satisfied, the law may not recognise the transfer.
     

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