WA Ownership of Home - First Name Mentioned on Mortgage and Home Loans ?

[nyt]

My partner and I have been paying off our house for the last 18 years. The home loan is in both our names and we are both on the mortgage papers.

He has threatened to sell the house and cut me out all together. He believes that because he is mentioned first on both the home loan and mortgage papers he has more of a legal right regarding the house.

So does the person mentioned first have more of a right than the other person? I have always thought it was 50/50? Also if one of us dies, doesn't the house automatically go to the other person? Or is that only if we own the house outright?

 

[Sophea]

Hi nyt,

Yes, if you are both on the mortgage papers and both on the title to the property (it sounds like you are registered as joint tenants), then you both have equal entitlement to the house.

 

[Sophea]

Oh and yes if you are registered as joint tenants, if one of you dies, the house and the mortgage responsibilities automatically pass to the other person. If you are registered as tenants in common, then you can dispose of your share of the property in your will to another person.

 

[IsobelB]

It may depend on whether you hold the property as 'joint tenants' or as 'tenants in common.' If your interest is held as joint tenants, you equally share the ownership of the property and have equal undivided rights to keep or sell the property. If your property is held as tenants in common, you hold a defined share of the property separate from your partner. This could be an equal share or defined percentage such as 50/50 or 30/70. If you are unsure how your property is held, a legal representative may be able to help you by conducting a title search with the land registry.

If you decide that you need a legal representative you can click on the following link:

• Find a Lawyer—LawAnswers.com.au

You might also find some useful information on the following blog posts regarding property settlements:

• Can You Lock Your Ex Out of the Family Home? Your Property Rights — Legal Blog — LawAnswers.com.au
• Property Settlement After Separation — Rarely a Case of 50:50 —Legal Blog—LawAnswers.com.au