NSW Mortgage - Can Partner Sell House without My Consent?

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

SamMak

Member
19 September 2015
4
0
1
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?
 

AllForHer

Well-Known Member
23 July 2014
3,664
685
2,894
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.