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VIC Property Law - Transfer Joint Names on Mortgage to My Name?

Discussion in 'Property Law Forum' started by Helen Rowell, 5 September 2015.

  1. Helen Rowell

    Helen Rowell Member

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    My ex partner and I have a mortgage on a house with the title in both names. 12 months ago he walk out of the relationship and has not paid anything towards to mortgage. I have asked him to sign the mortgage over to me but he has refused. What course of action can under Property Law I take to get the title and mortgage back in my name solely.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Helen,

    If you were married or considered to be in a de facto relationship you can apply to the Family Court for a property settlement, and seek orders having the property transferred to you. The court will however make orders that it deems just and fair in the circumstances so there are no guarantees you will get your way.

    You will be considered a de facto for the purposes of the Family Law Act provisions if:
    • your de facto relationship with your partner lasted for at least two years in total; or
    • you have a child with your de facto partner; or
    • you have made a substantial contribution to the property or finances of your partner; or
    • the relationship was registered under a State or Territory law; AND
    • you lived for at least one-third of your relationship in NSW or another state to where the laws apply (currently all Australian states and territories except Western Australia.)
    Otherwise if this doesn't apply to you, and you are unable to get his consent to sign over the property to you, then you can apply to your state District or Supreme Court for orders to have the property assigned to you. However, depending on his contribution to the property over the years, he may hold some equitable interest in the property for which you may be required to pay him out.

    Bear in mind you will also need to obtain the consent of your mortgage provider to do the transfer if it is ordered by the court, meaning that you may have to execute new loan documents in your own name and based on your own financial situation.
     

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