WA Separation - Ex Won't Take My Name Off Mortgage

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

ERM

Member
2 April 2015
2
0
1
Ex won't take my name of mortgage. Separated for over 12 months. I'm not asking for money just need my name removed after separation so I can move on. What are my options?
Layman terms please.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Apply for a divorce, then begin proceedings for a property settlement. The first step is mediation to try and reach agreement about your assets, but failing that, you can apply to the court for a settlement.

Unfortunately, there is no other legal avenue available whereby you can compel the other party to remove their name from the mortgage. :(
 

Bec1605

Member
3 April 2015
4
1
4
QLD
You can have a binding financial agreement drawn up if you are both in agreement for you to transfer your share of the title to him, but it does cost money.
However, it is cheaper than a property settlement.
 
  • Like
Reactions: AllForHer