QLD On the mortgage but not on the title deed

[Moesha]

1 year ago my husband of 18 years and myself separated, we have 3 properties, 1 in my name only, 1 in joint names on mortgage & title and 1 with both names on mortgage but only his on the title. All 3 properties are linked to eachother with the 1 in my name only having a rent to buy agreement attached to it with the buyers living in and paying it off til they get a loan for the remainder next year.
My husband refuses to pay any of the mortgages and I have found out he is $5k behind in repayments for the 1 in his name only with 1700 in arrears on the rates for the property. The house is empty and I would like to move back in with my 4 children but he refuses to let me even though I can pay the mortgage/rates and arrears. I don’t want the bank to take all the properties and I don’t want to be sued for breaking the rent to buy agreement. Also, myself and the kids fled 1 of the family homes because of the domestic violence so we’re now renting paying off someone else’s mortgage. How can I get my name on the title deed so I can pay the mortgage and live in the home?

 

[Rod]

Have you divorced?

If not, depending on the violence issue, I'd be moving in and changing the locks. If he does anything violent you call the police and ask for a intervention order.

Until their is a formal property settlement there is an argument this is joint matrimonial property. Police should not intervene to evict you.

 

[Deleted member 35660]

This situation is complicated but quite understandable. You need to contact a specialist who will solve these mortgage issues. If you and your husband are still married, it should affect his ability to make payments. He has an obligation to do this, and he has an obligation to help you. That is why I would advise you to contact Mortgage Broker Leeds because he will be able to give you the answers you are looking for here. This is exactly the kind of help that has helped me, so I have no doubt that you can handle it.