QLD On the mortgage but not on the title deed

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Moesha

Member
1 July 2020
1
0
1
1 year ago my husband of 18 years and myself separated, we have 3 properties, 1 in my name only, 1 in joint names on mortgage & title and 1 with both names on mortgage but only his on the title. All 3 properties are linked to eachother with the 1 in my name only having a rent to buy agreement attached to it with the buyers living in and paying it off til they get a loan for the remainder next year.
My husband refuses to pay any of the mortgages and I have found out he is $5k behind in repayments for the 1 in his name only with 1700 in arrears on the rates for the property. The house is empty and I would like to move back in with my 4 children but he refuses to let me even though I can pay the mortgage/rates and arrears. I don’t want the bank to take all the properties and I don’t want to be sued for breaking the rent to buy agreement. Also, myself and the kids fled 1 of the family homes because of the domestic violence so we’re now renting paying off someone else’s mortgage. How can I get my name on the title deed so I can pay the mortgage and live in the home?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,243
979
2,894
Have you divorced?

If not, depending on the violence issue, I'd be moving in and changing the locks. If he does anything violent you call the police and ask for a intervention order.

Until their is a formal property settlement there is an argument this is joint matrimonial property. Police should not intervene to evict you.