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My house is the guarantor for my niece's property and she…

My house is the...

My house is the guarantor for my niece's property and she and I both have our names on the title deeds. Although I am unable to remove my house as guarantor I would like to remove my name from the title deeds. Is this possible and if so, is it an expensive procedure?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Western Australia

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

No nothing has been filed in relation to this matter, but she is now married and returning to the UK to live and I am now on a part-age pension with a limited income. She intends to rent the unit out until it is sold but in the meantime I understand that by law I have to declare half of any rental income if I am listed as an owner, even though I will not be physically receiving any money. If this is the case I will lose out badly financially.

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

I think that's all thanks.

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Answered in 5 minutes by:
3/8/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,331
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 answer your question today, and ask various questions to narrow the issues in your post raised.

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yes you can remove your name from the title deeds, but this wil result in a part transfer of land, and stamp duty applying on that transfer.

does this answer your important question today ?

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Customer reply replied 4 months ago
Thank you

you are most welcome

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

Don't for get to rate me for 5 stars and thank you for using Just Answer.

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Customer reply replied 4 months ago
Sorry this is all new to me and I somehow didn't pick up your reply
Customer reply replied 4 months ago
Your initial reply I mean

yes you an take your name of the title deed.

I have extended a special offer to talk on the phone if needed, please look, it will help you

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Customer reply replied 4 months ago
Hi John,You mention in your reply that if my name is ***** ***** the title deeds it will result in a part transfer of land. As my property is the guarantor for my niece's property and as the property is now worth less than the original mortgage, would this still apply?

would you like to talk on the phone it will be easier to explain to you

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,331
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now

in relation to your important question, if your name is ***** ***** the property this will result technically in a sale, and therefore duty applying to the portion that is transferred, assuming the title is tenants in common.

the duty that will apply will be on the value of the value of the transferred portion of the property.

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