So around 12 months ago my fiances sister got together with a guy and after a few months going out (was a bit more of a history) decided to buy a house. Initially we thought it was just in the guys name but the sister who was staying with us at the time had mail from the selling agent arrive addressed to both of them which made us suspect she was putting her name on the papers. We (her family and I) essentially had an intervention and tried to stop her from buying the place with the guy as he'd been known to cheat on previous partners, a previous 1 night stand of his had a baby on the way (and there was a chance it was his) and also at the time they were buying I was turning quite bearish on property....a while later (before settlement on the property) she told her family she was no longer on the mortgage, but I was skeptical of this and always suspected she purchased with him.
Well not a year on and the relationship has turned south and she has moved out. She's now informed her family she is on the mortgage...just after a bit of advice on her behalf.
Assuming that he can afford to refinance into his own name (I don't think this will be the case) will there be any stamp duty to have the place changed into his name only?
Is there anyway that she can force a sale of the house if he can't afford to refinance into his name only?
If he wants to take over the mortgage but can't afford to refinance is there any other legals documents that can be drawn up that dissolve her responsibility in the case the house is sold later down the track for a loss or similar?
Any other tips from those that have been in the same situation or know of others that have?
Well not a year on and the relationship has turned south and she has moved out. She's now informed her family she is on the mortgage...just after a bit of advice on her behalf.
Assuming that he can afford to refinance into his own name (I don't think this will be the case) will there be any stamp duty to have the place changed into his name only?
Is there anyway that she can force a sale of the house if he can't afford to refinance into his name only?
If he wants to take over the mortgage but can't afford to refinance is there any other legals documents that can be drawn up that dissolve her responsibility in the case the house is sold later down the track for a loss or similar?
Any other tips from those that have been in the same situation or know of others that have?
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