QLD Removing name from title deed

[Denise Myers]

Hi,

My ex has a "Deed Of Sale subject to encumbrances" on a property that has a mortgage in both names still. He wants me to sign a title deed document to get my name of the title so he can sell the house. Do I need to do this for him to be able to sell the house?

Regards
Denise

 

[Rob Legat - SBPL]

You can't just remove your name from a title deed. Your interest has to be transferred to someone (either a new owner, or another owner registered on title).

From what it sounds like, you either need to:

1. Transfer your interest in the property to him;
2. Grant him a limited power of attorney to deal with the property, which will need to be registered; or
3. You'll need to sign to the contract and the transfer documents as if you were part of the sale.

Option 1 will cost him money. He'll need to get the property valued/appraised, and he'll need to pay transfer duty on the interest being transferred.

Option 2 I don't suggest considering unless you trust him implicitly (and even then...).

Option 3 is a bit of a hassle, but it means you retain some control in the process.

 

[Tim W]

Do nothing, and especially, sign nothing,
without getting your own independent legal advice.

 

[Rod]

Tim's advice is good.

Hard to comment without knowing prior arrangements and court outcomes in a property split.

 

[Sebastian63]

Can I remove my x partner off my tittle I paid cash he Dave me no money?