NSW Mortgage - Can Partner Sell House without My Consent?

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19 September 2015
My partner owns a house in his name but the mortgage has my name as well. Basically, used the home to get finance for the new home purchase. I have learnt from our broker that he has sold the property.

Would appreciate if someone could help me with my query:
a.) Can he sell the property without my consent, especially if my name is on the mortgage?
b.) How to safeguard my interest, if property has been sold since it forms a substantial chunk of the joint pool?


Well-Known Member
23 July 2014
You can and should file a caveat on the property which will prevent any legal dealings with it until the caveat is lifted under property settlement.

Contact Legal Aid - they provide free legal consultations for property settlements and can give you guidance on getting a caveat in place.