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NSW Mortgage - Can Partner Sell House without My Consent?

Discussion in 'Family Law Forum' started by SamMak, 19 September 2015.

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  1. SamMak

    SamMak Member

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    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?
     
  2. SamMak

    SamMak Member

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    Help, anyone?
     
  3. AllForHer

    AllForHer Well-Known Member

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    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.
     
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