QLD Property Owned as Joint Tenants - One Tenant Passed Away

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

Daniel

Member
6 August 2014
2
0
1
My Sister passed away last year in november, we owned a property in qld as joint tenants, I realise that her interest in the property now passes to me and I assume 100% interest of the property, I also assume 100% of the debt associated with the property.

Probate has only just been finalised after months of stuffing around from the solicitors, my sisters best friend is her executor.

The solicitors have told me that in order for them to finalise the transfer of the property title into my name, i need to refinance the mortgage into my name, is this correct? and if so, what will then happen if the bank decides to not allow the mortgage to transfer just into my name? How can I sell the property etc

The other question I have is that since buying the property in 2007 I was the only one who contributed to any of the mortgage repayments, her repayments were minimal if any and she was known to withdraw from the mortgage as well, she paid the rates for a period of 4 years, totalling approx $5,500 which is nothing compared to the mortgage payments made by me, do I have any legal leg to stand on in which to have her estate pay into the mortgage what she should of paid? and if so how do I go about this.

Any help will be greatly appreciated.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,226
748
2,894
Sydney
Before you sign anything to do with re-financing
(and especially, before you sign a re-finance deal arranged by the solicitor),
talk to the current lender (the bank or whoever), and see what they say,
independently of the solicitor.
 

Daniel

Member
6 August 2014
2
0
1
Yeah I've spoken with them and from what I can tell they don't care who is listed on the mortgage as long as it gets paid and according to research I've done all that should of happened is an application to the land title office with a copy of the death certificate to have it put into my name