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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband and I seperated 3 years ago, I moved out of the

Customer Question

Hi my name is ***** ***** husband and I seperated 3 years ago, I moved out of the house we are buying 14 months ago, he is still residing in the house and paying the mortgage solely as it was his choice to stay as he wanted to pay a bit more off the mortgage before selling it.
I want a divorce and my question is if we get a divorce do I have to change my name on the title of deeds for the house?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You do not have to change the name on the Title if you do not want to but once you have a divorce you have 12 months to file an court application for a property split. After the 12 months you have to seek court permission.

But you do not have to change the name you can leave it as it is.

Customer: replied 1 year ago.
Ok thank for that. What if he refuses to sell
Expert:  Leon replied 1 year ago.

Good Morning

You can force him to sell with court orders.

You can get them form the Family court.

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon