Removing ex from title

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sally657

Active Member
16 April 2020
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0
31
Hi,
My son & his ex purchased two houses both loans are in his name but titles are in both names.
I read that he can remove her from the titles but is that illegal to do while there is a property settlement being
thrown back & forth between solicitors.
She lives in one & he the other but he wants her out of his life.
Thank you for your help.
Sally
 

Atticus

Well-Known Member
6 February 2019
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294
2,394
I read that he can remove her from the titles
I expect her solicitor would advise that she take out a caveat on the properties which would effectively alert her to any activity.... Also the *possibility* of transfer fees even if he could

BUT, what is he trying to achieve by doing that anyway ?..... If the properties were acquired during the relationship, (or were his prior but they have been living in & gaining an income from the other) then they both have an equitable interest in the properties, & as such they form part of the property pool subject to division.... The point is, there is nothing to achieve by removing her name from the title.... Her right under family law would remain, even if he were to sell them.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
You can’t just remove someone from a title without their consent, or a court order, anyway. Property law is state specific, so you’ll need to check the laws for your state.
 

sally657

Active Member
16 April 2020
6
0
31
Thank you so much for your answers. Since the break up he lives in one & she the other but he wants to sell the one he's living in.
She has no intention of letting him sell or move on with his life so I guess it will be a long process.
Thanks again for the helpful replies.