WA Removing Name From Mortgage - What to Do?

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Kristy Slay

Member
3 October 2018
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Hi,

My ex and I brought a house about 5 years ago. We broke up a year later but we're amicable and shared the cost of the mortgage. Years on now and my situation has changed. I went from a full time job, to 12 hours a week (I had children) and now can not afford to pay.

I have mentioned to him about refinancing and having my name removed to which he has agreed, but after a year it still hasn't happened. I've tried asking him about it, but he keeps saying he's on it. Is there a way I can have my name removed?

At this point I couldn't care less if it affected my credit rating, I want out of this contract and be able to move on.
 

CSFLW

Well-Known Member
LawConnect (LawTap) Verified
24 September 2018
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Hi Kristy

If you are not divorced (assuming you were married), then you will need to finalise your property settlement via a Financial Agreement or Court Order.

The Agreement or Order can state he is receiving the property that way you can be removed from the title and the mortgage.

He will need to demonstrate to the bank he can refinance, however.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Note the court cannot/will not order the bank to remove your name from the mortgage. You should be careful that your name is not removed from the title while still retaining your name on the mortgage. You don't want the liability without the asset.

You may need legal assistance in making sure things are done correctly.