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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42634
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter has separated from her partner of four years. He

Customer Question

My daughter has separated from her partner of four years. He wants to have his name taken off the mortgage and leave it to her. We have been told that this will have significant cost due to stamp duty. We have also been told that stamp duty cost will be much less, depending on what the government determine as the length of time being in a de-facto relationship as being the same as legally married. Can you advise and is there a way to have relevant paperwork for the issue raised online, or do the party need to travel to the family law courts to resolve.
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good evening

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.

It can be done with consent orders from the court

Here is the link

http://www.familycourt.wa.gov.au/K/kits.aspx#Consent-Orders-Kit

Once the have the orders then there is no stamp duty payable.

She has to refinance the loan in her name to have her partner taken off the title and the loan.

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

thank you for using my services.

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

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Regards

Leon