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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44177
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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South Australia, Adelaide, Not at this point, Question is

Customer Question

Good Morning Pearl
JA: What state are you in? It matters because laws vary by location.
Customer: South Australia, Adelaide
JA: Has anything been filed or reported?
Customer: Not at this point
JA: Anything else you want the lawyer to know before I connect you?
Customer: Question is regarding motgage repayments following separation
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning.

Nothing changes when it comes to your obligations under the mortgage. If you are not registered and borrows the money you are both jointly and individually liable to pay the mortgage.

If the mortgage is not paid you will both have a default registered by the bank and if the bank take possession and sell it will chase both of you for the money. If one of you has nothing and is not working they will chase the other for the full amount.

You have an obligation under the mortgage to both pay.

If one pays the lost and the other pays nothing then in the court matter the one making all the payments would be seeking an adjustment form the date of separation.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

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