SA Land Titles Office - Getting Name Removed from Property Title?

[KellyB123]

Hi, my ex and I bought a property together 9 years ago and my lawyer and I got enforcement orders last year to have my name removed from the bank loan and property title.

So my ex paid the house off $550k in EFT payments within a month last year... guessing he couldn’t refinance due to Child Support and not doing his tax. Private business owner...

This was done just before the due date or the orders are to sell the property

But he didn’t discharge the mortgage or remove my name from the property... so my lawyers requested him to do this or we go back to court.

So I signed the discharge papers a month ago and I rang the land titles office to check if my name is removed and it’s not!

Why would someone be so difficult in removing my name particularly when the property is completely paid off? What do I do about this? Where do I stand?

Thank you

 

[Deleted member 12925]

Was the mortgage discharged?

It is possible to get an enforcement order that will allow the transfer of title to be signed by the Court in order for the transfer to be effected. Give us a call at Glenn Thexton, Thexton Lawyers - LawTap - Find a Lawyer & Book Online Instantly if you would like to discuss this further.

 

[KellyB123]

Hi yes the land titles office said it was discharged but my name still left on the title.

I’m wondering is that really an issue...

 

[Deleted member 12925]

Hi yes the land titles office said it was discharged but my name still left on the title.

I’m wondering is that really an issue...

Are you joint tennants on the title (this means that both parties share equally in the property and if one party dies the title will automatically got to the other)?

Or, are on the title as tennants in common (this means that you each have a specified % share in the property, usually 50/50. If one party dies or the property is sold the other party is entitled to their share of the property only)?

Is the other party living in the house? Or, is it an investment property?

Are the utilities in his name only?

Is the other party keeping the property insured and paying the rates?

This is where you stand:

• As long as your name remains on the title, your share of the property is still technically regarded as being your asset.
• The property cannot be sold or mortgaged without your signature on the sales contract.
• You will need to declare your interest in the property as an asset for Centrelink purposes if required.
• If insurance and rates are not paid you could incur a liability
• You should check with utility providers to ensure that your name is not jointly on the account. Otherwise, you could incur a debt if utilities are not paid.