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Removing names from property titles

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silvercat44 View Drop Down

Joined: 06/May/2012
Location: Australia
Posts: 15
  Quote silvercat44 Quote  Post ReplyReply Direct Link To This Post Topic: Removing names from property titles
    Posted: 20/September/2018 at 09:33

I am going through an amicable split with my defacto partner.
We have 2 properties in joint names and would like to each hold one of the properties.
How easy is it to remove the other persons name from the title and can it be done by a conveyancer?

Thanks for any thoughts on this.

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 754
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 20/September/2018 at 10:45
You don't need a conveyancer to do this just a transfer form for the titles office. Depending on the law in your state you may even be able to get a reduced rate of stamp duty, talk to the stamp duty office.

The only complication will be if the properties are mortgaged, you will need approval from your financier to remortgage each in individual names. To achieve this you will each need to prove you can service the mortgage.

JimmyMcGill View Drop Down

Joined: 18/January/2019
Location: Australia
Posts: 9
  Quote JimmyMcGill Quote  Post ReplyReply Direct Link To This Post Posted: 18/January/2019 at 08:12
2 hurdles, firstly if the properties are mortgaged, you will need to arrange a re-finance to remove your joint names from the mortgages (provided that the mortgages are in joint names). Secondly, in order to avoid paying stamp duty on the transfer, you will need to enter into Family Court Consent Orders, or a binding financial agreement. The BFA option is generally cheaper.

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