SA Use Statutory Declaration to Exit Joint Mortgage?

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twowrongs

Well-Known Member
15 February 2016
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If there is a property with mortgage with two (2) names on - one (1) person walks out; I understand that it is not illegal to leave their name on mortgage - but just thinking out loud, can you bring person left to pay the mortgage and get the person that walked out to sign a statutory declaration to say that they would not come back at a later stage to claim on the house, i.e. make the other person sell or buy them out?

As I said, just thinking out loud.

Thanks
 

Rod

Lawyer
LawTap Verified
27 May 2014
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It is not that simple if the parties are married or in a de-facto relationship. Need more background information about the relationship between the two parties and whose name/s is on the title.

Also why would the other party be left on mortgage and not be entitled to share of property?
 
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twowrongs

Well-Known Member
15 February 2016
37
0
121
It is not that simple if the parties are married or in a de-facto relationship. Need more background information about the relationship between the two parties and whose name/s is on the title.

Also why would the other party be left on mortgage and not be entitled to share of property?

There are two names on the title (mortgage papers). The party that walked out has not paid any monies towards mortgage since walking out.

I was just thinking to have them sign a stat dec (if possible). My son can keep the house and can afford payments, a place to house himself and son.

My opinion is that she was the one who walked out and should not be entitled to anything. She was only in it for 4 months
 

Rod

Lawyer
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27 May 2014
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With two names on the mortgage, both parties are responsible for the debt unless the bank otherwise agrees, in writing. A stat dec is unlikely to be worth the paper it is written on. If the two parties were in a recognised de facto relationship your son will need a proper settlement agreement accepted by the family court.

If they were in not in a defacto relationship, you will need her agreement and the banks and it will be over.

Remember, if this goes to court your opinion will count for nothing. I'm not being nasty here, just explaining that as far as the court is concerned it will put zero effort thinking about your opinion. Personally, I agree that if she didn't bring anything into the relationship, contributed little to it, then she should get little back in return.