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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42649
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Am I able to leave my name off the certificate of title on a

Customer Question

Am I able to leave my name off the certificate of title on a property but still have joint tenancy in some type of binding agreement?
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month 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 I am very limited on what I can tell you and that you may have to get more detailed advice.

The only thing you can do is enter into a trust arrangement where the other owner is holding your share in trust.

You have to have this prepared before you purchase.

If you do this the trust has to have stamp duty paid on it as well and it should be done first.

The Solicitor that acts on your behalf on the purchase can assist with the preparation of this and if it is for tax purposes as well you should get advise from the accountant.

I hope this makes sense and is of assistance. if there is nothing further

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

Customer: replied 1 month ago.
What basically sort of power does a certificate of title have if it is solely in his name?
Expert:  Leon replied 1 month ago.

Good Morning,

The party that is on the title has the right to deal with the property as they wish. They can sell, mortgage etc.

If you are not on title they can do anything without telling you.

Being on the title protects you from them dealing with your saner is any way that you do not agree to.

I hope this makes sense and is of assistance. If there is nothing further

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