hamburgerclose
logo

Property Title Change

hero-icon

The client is seeking assistance to remove their name from the title of a joint property located in Western Australia, which they own with an ex-partner. The property falls under the jurisdictions of Property Law and Family Law. Key issues involve the transfer and modification of property titles.

Questions about this case

Verified AnswersThese answers have been verified by a lawyer in the LEAP network

What are the steps involved in removing my name from the title of the property?

To remove your name from the property title in Western Australia, follow these steps:

  1. Obtain Consent: Ensure you have your ex-partner's cooperation as both parties need to agree to the change.

  2. Prepare Documentation: Gather necessary documents, including the current title deed and any required forms from Landgate. The Transfer of Land Act governs this process.

  3. Execute a Transfer of Land Form: Complete the form and have it signed by all parties involved.

  4. Lodge the Form with Landgate: Submit the executed form along with any fees required.

  5. Update Mortgage Documents: If a mortgage exists, coordinate with the lender to update records accordingly.

For detailed steps, consult Landgate's transfer guide for individuals.

Will I need my ex-partner's consent or cooperation to remove my name from the title?

In Western Australia, you will need your ex-partner's consent or cooperation to remove your name from the title of a jointly owned property. This process is typically done through a transfer of land document, which requires the signatures of all registered proprietors. Your ex-partner must agree to the transfer and sign the necessary documentation. Without their consent, you may need to seek a legal resolution or court order to facilitate the change in ownership. It's advisable to discuss the matter with your ex-partner and possibly consult a solicitor for assistance in negotiating and facilitating the transfer process.

Are there any potential costs or fees associated with transferring the title, and who is responsible for these?

In Western Australia, transferring a property title, such as removing your name, involves costs including transfer fees and potential duty. The Landgate office handles these transactions, where a Transfer of Land form must be lodged. Fees vary based on the property value, and stamp duty may apply unless an exemption is available, like in cases of relationship breakdown. Legal fees may also arise if a solicitor is engaged. Costs are typically shared between you and your ex-partner unless agreed otherwise.

How might removing my name from the property title affect my financial or legal obligations related to the property, such as mortgage payments or property taxes?

Removing your name from the property title means you may no longer have a legal obligation to make mortgage payments, assuming the mortgage is solely in your name and transferred to your ex-partner. However, if you are still a party to the mortgage, your financial responsibility continues until officially released from the loan. This can affect your credit score if payments are missed. Additionally, you will not be liable for property taxes once your name is removed from the title, but ensure this is formally documented.

Is there a specific form or legal document I need to complete to initiate the process of removing my name from the title?

To initiate the process of removing your name from the title of the property in Western Australia, you will need to complete a Transfer of Land form. This form is submitted to Landgate, the statutory authority for land information in WA. The form should indicate the change in ownership and must be lodged with Landgate either in person or online. It's important to ensure all sections are completed accurately and any supporting documentation required is included.

Need help with an issue?
Ask LawConnect your legal question for quick, free answers!