- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Separation with De Facto - Can He Buy Me Out of Mortgage?

Discussion in 'Family Law Forum' started by Netti, 24 August 2015.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Netti

    Netti Active Member

    6 February 2015
    Likes Received:
    My de facto and I went through a separation about 6 months ago, trying to live together, however it's not working so I have asked if he can buy me out of the mortgage. Is this something we can just go ahead and do?

    In addition, I have just found out the loan is as 'joint tenants'. Will this make things difficult?!
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Netti,

    Yes its possible for your ex to buy you out of the property, it doesn't matter whether you are joint tenants or tenants in common. The only consequence is that if one of you die while holding the property as joint tenants the property automatically passes to the surviving tenant, you can't pass it onto beneficiaries in your will.

    The buy out process is much like a normal property sell-purchase, and can be complicated so I would recommend retaining a solicitor. 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 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 you and your ex to avoid Stamp duty for the transfer.

Share This Page