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Answered in 45 minutes by:
11/25/2010
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified[QUOTE] Question Can I sell the following property with just my husband’s and my signature on the contract? [/QUOTE]
No.
You are going to need everyone's name who is on the title to sign the transfer documents, in the case of this bankrupt owner, the bankruptcy trustee can sign on his behalf.
[QUOTE] What are my options? [/QUOTE]
Presumably you mean what are your options to sell the property and avoid paying stamp duty. Your proposal to buy the 50% share will not work.
The only way to avoid stamp duty would be to sell the property to a new party, with you, your husband, and the bankruptcy trustee all signing the transfer documents.
I'm sorry, and I wish I had better news for you.
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.
Edited by Alex on 11/25/2010 at 3:49 AM EST
No.
You are going to need everyone's name who is on the title to sign the transfer documents, in the case of this bankrupt owner, the bankruptcy trustee can sign on his behalf.
[QUOTE] What are my options? [/QUOTE]
Presumably you mean what are your options to sell the property and avoid paying stamp duty. Your proposal to buy the 50% share will not work.
The only way to avoid stamp duty would be to sell the property to a new party, with you, your husband, and the bankruptcy trustee all signing the transfer documents.
I'm sorry, and I wish I had better news for you.
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.
Edited by Alex on 11/25/2010 at 3:49 AM EST
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