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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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We bought a house recently and my hysband add a note at very

Customer Question

Hi there,
We bought a house recently and my hysband add a note at very last minute which has changed my title frim joint tenant to tenant in common for 1 portion out of 10 and he has 9 portion. Not sure what does it mean and how does it affect my rights and finacial situation after divorce. I have 3 years old son and working 3 days per week. My income get transferred to our offset account as well. Our marriage is 10 years old now.
Thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi,

Why was the change made

Did you have a lawyer acting for you both in the purchase?

If so, why did the lawyer make this change without first confirming your agreement to it? or did they have permission to take instructions from your husband on behalf of you both?

Have you asked your husband why he did it?

What does the change mean

Joint tenants - means whoever survives automatically inherits the Property... regardless of what the Wills says.

Tenants in Common - means that your share will go to whoever it is left to in your Will.... therefore, you need to ask your husband if he has a Will, and if you can see a copy of it, to determine who his 9/10 share has been left to..

No impact on Separation/Divorce

With regard to separation, it does not change you entitlement to a Property Settlement, if and when you separate.

Kind regards,

James

Customer: replied 1 year ago.
My husband wad told he can claim more tax on tesidentioal property if main portion of property is under his name, that's what he has told me. When i asked our settlement agent about it , he said it is not a important thing and he didn't answer my phone and email after i signed the contract. Our relationship is shaking and i found some gray area . Just want to make sure my funance situation before making any dicosion .
So you are saying with this title i can have half of the property after sepration ?
Thanks
Expert:  James D. Ford replied 1 year ago.

I agree with the settlement agent - as the property is presumably your principal place of residence rather than an investment property... interest and other expenses cannot be claimed as tax deductions... so your husband having a greater share would make no difference as far as tax is concerned... and this would be he has not been honest with you regarding his motivations, or does not understand himself....

Please let me know if I have assumed incorrectly, and it is actually an investment property. It could then have an impact with regard to tax...

With regard to your position, if you separate... you are entitled to a % percentage of the joint marital assets (it makes no difference how they are currently held.. 50/50 or 90/10 makes no difference)... however, I cannot tell you whether that percentage is 40%, 50%, 60%, or anywhere inbetween.. that is a matter for negotiation between you both (with the help of lawyers), or for the Court to decide taking into account all of the factors...

Where you are currently exposed.. is with regard to what your husband's Will states (if he has one!)... I recommend you obtain a copy.

Kind regards,

James