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What registry forms do i need to change a joint tenancy

Customer Question
What registry forms do...

What registry forms do i need to change a joint tenancy title to my half of the title to tennant in common in order to protect my half if i died tommorow

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

In qld

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/1/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,536
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 7 months ago

are you changing your share to another person's name ?

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Customer reply replied 7 months ago
no it will remain in my name
Solicitor: John Melis, Lawyer replied 7 months ago

the form that is used is the transfer of land, which now all transfers and done through PEXA.

how many people are named on title ?

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Customer reply replied 7 months ago
is this cost of $82 in addition to the $81.i have paid
Solicitor: John Melis, Lawyer replied 7 months ago

the chat service is what you have selected when you open the question forum.

I have extended a special offer to talk with by telephone if you prefer.

have a look at offer and accept if you agree.

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Customer reply replied 7 months ago
I am confused I have already paid for a months advice which is to occur after a 7 day free trail. are you offering to speak with me on the phone for $7.00 and I then reclaim the $82.00
Solicitor: John Melis, Lawyer replied 7 months ago

the fee you have paid is for chatting in the forum not on the phone.

we can keep chatting in the forum as long as you require.

The phone is a special that I have extended to you.

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Customer reply replied 7 months ago
the situation is that currently my house is in joint names with my spouse . I am 82 and want to insure my only child receives half of the property upon my death. I therefore wish to change my half of the joint tenancy to tenant in common to ensure my child gets my half of the property.
Solicitor: John Melis, Lawyer replied 7 months ago

in this case you will need your partner also to agree withe change, as your partner's signature will be required on the transfer forms.

is your partner aware of this situation ?

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Customer reply replied 7 months ago
no they are not and would not agree to changing the title.My child when seperated from the then spouse managed to lodge with the titles office without the spouse signing anything to protect their half of the title to ensure the sibblings received the benift in the event a death occured
Solicitor: John Melis, Lawyer replied 7 months ago

then you will not be able to change the title unless you get their agreement.

the only other alternative is to sell the property.

would you like to talk on the telephone ?

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Customer reply replied 7 months ago
no thankyou
Solicitor: John Melis, Lawyer replied 7 months ago

have I answered your important questions today ?

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Solicitor: John Melis, Lawyer replied 7 months ago

Thank you.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this will allow me to continue to answer your important questions.

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Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Evening

I am Leon from Sydney.

My colleague is correct but PEXA is not possible unless you use a solicitor.

In order to change the tenancy from Joint tenant to tenants in common in equal shares it can be done without the other joint tenants consent.

You complete a Form 1 which you can download from the following link

https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/titles-registry-forms

You make sure the names are ***** ***** as on title and at location 5 when you put in the names you clearly state "Tenants in Common in equal shares"

The lodge the Form with the Department of lands in QLD.

You will have to have it stamped exempt at the Office of State Revenue before you lodge is for registration.

Because the parties will be remaininig the same and there is no sale to a third party the lodgement fee will be $181.00

One other thing you have to be aware of is that doing this is no guarantee your partner will not be eligible to make a claim on your estate.

On your passing your partner can claim on your estate so you have to get detailed advise form your solicitor that prepares you will to make sure that things are put in place to ensure that any possible claim will be reduced.

To use PEXA you have to be a registered user with PEXA, generally this is only able to be done by lawyers and conveyancers.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

I am following up my last post.
Is there anything else I can assist you with, if so please let mw know.

Regards

Leon

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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