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QLD Tenant in Common - Can Bank Refinance Husband without My Knowledge?

Discussion in 'Family Law Forum' started by Pandorama, 1 September 2015.

  1. Pandorama

    Pandorama Member

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    Hello, my marriage is in trouble and I am getting suspicious of my husband.

    We brought a property together as tenants in common before marrying. We have paid an equal 50/50 share of all bills in the property, including deposit, legal costs, all mortgage payments, all rates and water, all body corporate and all improvements.

    I lost my job recently due to downturn in company and have no income. I cannot make my share of all payments but I have paid mortgage payments so far and loan protection insurance starts soon. I believe he wants to take the apartment and kick me out. I think he is talking to the bank about refinancing into his own name, which he has the means to do.

    My question is...can he do this without my knowledge? Can the bank just refinance him and take my name off the mortgage without taking to me or signing anything? I cannot find any information about this, only how to refinance after separation; nothing about whether the other party has to permit or not.

    Please any info would be appreciated.
     
  2. rebeccag

    rebeccag Well-Known Member

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    Your mortgage is a legally binding contract. They can't take you off without your approval. They can't take you off the title without your consent either. If you need further confirmation, contact your bank and the titles registry at the Department of Natural Resources and Mines (DNRM) QLD Titles and property - Department of Natural Resources and Mines
     

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