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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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I bought house recently and paid and got the loan, my

Customer Question

Hi ,
I bought house recently and paid for deposit and got the loan, my partner already signed the offer as a purchaser without paying any money .now the property in under two names but in fact I paid the whole money sofar.I didnt know if he signs the contract 50% of the house will be his house. just wanted to ask what I can do because i am not happy to pay the whole money and he has the 50% of my house already . pls help me ,
Kind regards
Bita
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months 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.

Your partner has to agree to transfer the half share back to you.

If he refuses, you can force a sale by going to court.

If you do not want to do that, you can the Solicitor/Conveyancer that acted for you to provide a detailed letter that confirms who paid and put together evidence that you paid and that your partner is only holding his share in trust for you.

This will be something that is dealt with later when you sell or in a property settlement if you separate.

If he agrees to give you the share it will be a sale and you will have to pay stamp duty on the value of the half sahre.

It is not fair I know but this is how the law is in Australia.

You can also register a caveat on the property to claim his half share and that he holds it in trust for you.

This is also another way to back up you claim.

I hope this makes sense and is of assistance. If there is nothing further have a great christmas and new year 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

Expert:  Leon replied 11 months ago.

Good Morning

I am just following up my last post. If you need any further assistance, please do not hesitate to contact me.

Have a great new year

Regards

Leon