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QLD Separation - How to Change Property Ownership?

Discussion in 'Family Law Forum' started by SallyOF, 15 May 2015.

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  1. SallyOF

    SallyOF Member

    15 May 2015
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    I have been separated for 18 months. Since separation, my ex husband will not sign any consent orders or binding financial agreement forms. He has not contributed to the mortgage since he left and states that I can have the house and the mortgage.

    How do I have his name removed from the loan and the house property title?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi SallyOF,

    Technically speaking the transfer is effected by lodging a transfer document with the Land Titles Office which will be required to be signed by your ex. Since you also have a mortgage, you will need to get your lender’s consent to have your ex's name removed from the title. This may involve getting new mortgage documents drawn up.

    In order to avoid stamp duty and other fees, you will need to prove to the Land Titles Office that the nature of your transfer is marriage breakdown, therefore you will also require a formal Separation Agreement signed by your ex, to avoid Stamp duty for the transfer.

    In circumstances where he is refusing to sign anything, I believe you would need to apply to the court for orders to compel him to co-operate with the property settlement. Perhaps one of the other forum members may have a cluey way of avoiding court proceedings??

    In any event, if you don't get his name of the title (assuming you own it as joint tenants) - it will pass directly to him if you were to die, and I assume you would want to gift it directly to your children or at least someone other than him.

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