My x-partner & I separated a little over 3 years ago (after a 7 year relationship). Despite numerous attempts by my lawyer (under my instructions) to settle under the Relationship Property Act, my xpartner did not respond. I have no interest in going for half of his business but I now want to have his name removed from the certificate of title for my property (which he regsitered after our breakup)Considering it has now been more than 3 years since our separation, can I just make application to have his name removed off the certificate of title?
tried reading the Act and searched on the internet
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Hello? Still waiting on your first response pls
I am sorry but I am today in a place with poor internet and the answer disppeared, and IO aplogise for the delay.
If you are both on the title the problem will be easy if you do not have a mortgage. You can just instruct your lawyer to transer your interest in the land to him and this will be easy. Lawyers are needed to do the transfer as they have access to the Landonline database where title records are kept.
So if he was willing to cooperate this could be done very easily if you want hinm to transfer to you. It is just a matter
of getting him to sign the usual authorised nominating authority to achieve this.
However if he is not cooperating then there are two options. The first would be to try to have a good family mediator to try to reach a settlement. The two of you would have a mediation at which you could try to have an agreement facilitated using the meditor. This could be set up fairly quickly.
The second option would be to make an application to the family court to make orders dividing all property and ordering that the property be transferred. This would take time, but I expect after 3 years the issues are clear and you could push this through to a result
LLB MMgt FAMINZ 32 years qualified as lawyer
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