Hi, I am in need of some advice. My mother and I have been trying to remove her ex partner from the house title. He has been missing for more than 8+ years, we know he is alive because my mum filed a missing persons report on him at the time of his disappearance to the police who eventually found him, he told them that he didn't want anything to do with us anymore. At the time my brother and I were still kids so my mum didn't want to lose the house, she also fell into a deep depression and was left in a huge amount of debt. Fast forward to today in a better position, we have met with a lawyer who has told us that without his signature we cannot get him off the house. The only problem is that we have not had any contact with him since his disappearance and are unaware of where he is located. We are thinking of meeting with a different lawyer but I decided to look here for another opinion just in case. Is there any way around this? How do we get his name off the title if we don't know where he is?
VIC How to remove name off title?
- Thread starter B182
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Not possible without court orders.
There are steps to follow to initiate proceedings, and those steps vary depending on whether your mother and father are still married.
After 8+ years her ex may have changed his mind and may now say he wants his share. You and your mother don't get to 'takeover' the property and will need to work to undo the problem she created when she didn't take action when the relationship fell apart. While she may have had issues to deal with, solving the property issue is one she should have attended to. She has had the benefit of the house for 8+ years, maybe leaving things as they are is the best option.
There are steps to follow to initiate proceedings, and those steps vary depending on whether your mother and father are still married.
After 8+ years her ex may have changed his mind and may now say he wants his share. You and your mother don't get to 'takeover' the property and will need to work to undo the problem she created when she didn't take action when the relationship fell apart. While she may have had issues to deal with, solving the property issue is one she should have attended to. She has had the benefit of the house for 8+ years, maybe leaving things as they are is the best option.
As long as he is alive, somewhere,
there is no concept of removing him from the title without his consent.
Thing is, as a matter of law, he's not "missing", he's just "living somewhere else".
People are entitled to do this, even if their relatives don't know where they are.
I assume that she wants to keep the house for herself, and to be able to will it, in due course?
there is no concept of removing him from the title without his consent.
Thing is, as a matter of law, he's not "missing", he's just "living somewhere else".
People are entitled to do this, even if their relatives don't know where they are.
I assume that she wants to keep the house for herself, and to be able to will it, in due course?
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