VIC Getting Ex to Sign Mortgage and Title Back to Me?

[Gumnut531]

October, 2 years ago, my ex-partner walked out. We were together for nearly ten years. The problem I have is that he is not paying the mortgage but he will not sign it over to me. This also ties up the house title so I can't sell if I wanted to.

I brought the house before I met him and the mortgage was in my name but we decided that the we would put the mortgage in both names, with that the title went to both names. Most of the improvements were paid for by me, maintenance and up keep was is also payed by me.

My main question is what sort of legal person do I need to get the mortgage / title back to me?

 

[Victoria S]

I think you can do it yourself, its a matter of submitting the following documents to the SRO:

1. Copy of the historical certificate of title.
2. A copy of the stamped transfer to the person transfering to the spouse (i.e. your ex)
3. A statutory declaration by your ex addressing:
   1. The capacity of the person making the declaration.
   2. The capacity in which the transferor is holding the property.
   3. The names of the parties to the marriage or domestic relationship.
   4. Whether the transfer is made solely because of the breakdown of a marriage or domestic relationship.

 

[Arche]

You need to speak to the bank about the mortgage. I think you will find you can't just take his name off the mortgage and the title.