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Our title was changed from Joint Tenants to Tenants in Common

 
Sydney-Lawyer's Avatar
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Customer Question

Our title was changed from Joint Tenants to Tenants in Common behind our backs, by mother in law without our knowledge or approval. We were not even notified only found out by overhearing a conversation. We agreed to pay mortgage for building second storey on her unit on grounds it will be 100% ours. Now that it has been changed for another party to get her third do we still have to pay mortgage ourselves even though mother in law in on mortgage papers taking us at trust to make the repayments yet changed title without telling us. We now will have to sell and move once mother in law dies as third party will want the money. Can we now request she controibute to the mortgage or alternatively sell and get out as the whole situation has been a nightmare. Thank you

 

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State/Territory: Victoria

Submitted: 314 days and 23 hours ago.
Category: Australia Law
Value: AU$94
Status: CLOSED
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Expert:  Sydney-Lawyer replied314 days and 23 hours ago.

Good Afternoon,


Do you have a written agreement between yourselves and your mother-in-law about you owning 100% of the unit on the basis that you pay the loan?

Have you received notification from the land's office that she has filed to sever the tenancy?

Customer replied314 days and 23 hours ago.

Yes that was the original agreement. We did not receive any notification of the change whatsoever. She thought we would never find out. I overheard a conversation between her and her estranged daughter who talked her into doing this behind our backs. She was estranged from her daughter for 10 years and I made it extremely clear to her solicitor that I did not wish to build if there was the slightest chance of the daughter coming back on the scene or that UI was fully guaranteed the title could not be changed. We have paid the mortgage for 6 years and my mother passed away last month whereby I have been on LWOP and asked for a deferrment on the loan to which she did not agree but got her solicitor to serve documents on us on the misunderstanding we wanted to borrow more money NOT just have a deferrment. It has been 6 years of slander and gossip and my husband and I just wish to be out of the situation.

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Expert:  Sydney-Lawyer replied314 days and 23 hours ago.

Good Afternoon,


Can I assume that the agreement was in writing?

It is not common that a notification is not sent to the other joint tenants. I would suggest before anything else that you contact the Department of land is and get a copy of the current title search to see what the tenancy ease.

If it has been changed to tenants in common then you will need to take the matter to court and enforce the agreement that you have in writing.

It may be that you would have to seek a court order to have the property sold and for the proceeds, after the mortgage is paid out to be divided equally between all parties.

But I would make a search with the Department of lands you seek further legal advice.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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Customer replied311 days and 18 hours ago.

Sorry but the screen kept freezing. What is your answer as far as our now having to continue to pay mortgage. Has she a responsibility to pay third as per documents. How did she change title without our knowledge. Have we a right to make her now pay her share of mortgage. It is no longer original agreement So Why shouLd we pAy all now that agreement of NO title change has been done without our knowledge

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Expert:  Sydney-Lawyer replied311 days and 18 hours ago.

Good Evening,


The changing of the title makes no difference to the responsibilities under the mortgage.

You are all still responsible for 100% of the mortgage independently of each other.

I am baffled as you are as to how it was changed without the latest apartment notifying the other joint tenants.

If she refuses to pay her mortgage you have a right to sue her for her share, but there is nothing you can do to force her to pay.

If you have a court order then this makes things different.

If you refuse to pay her share of the mortgage the bank will say you are in default" take possession of the property and sell it.

The other alternative you have is to force a sale of the property and you take your two thirds and leave her with a one third and everybody move on.

If the agreement you have is in writing she has breached the agreement provided it says that the property will remain as joint tenants.

You may be able to sue on that agreement and get orders for her to try fertility back to joint tenants or she starts paid her share of the mortgage.

I hope this is of assistance. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


 
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