How Do I Remove One Owner from the Title to a Property?

Following a separation or divorce, many people want to know how ownership of the family home can be transferred into one person’s name. While this is often achieved as part of a property settlement, the process will depend on whether the parties can reach an agreement or require the Family Court to determine the outcome. In this guide, the team at O’Sullivan Davies explains how one owner can be removed from the title to a property and the legal steps involved in transferring ownership.

Transferring Property After Separation

Where partners who own a property in their joint names separate, it is often the case that one or both parties wish to retain their former marital home as part of their property settlement.

If the parties agree on who is to retain property, they can apply to the Court for orders by consent, or enter into a Binding Financial Agreement which provides that the property is to be transferred to one of their sole names.

If the parties cannot agree, it may be necessary for the matter to be determined by the Family Court and for orders to be made after a trial.

Court orders which provide for one party to retain a property may provide for the party retaining the property to pay cash or transfer assets to the other party, so that the orders are just and equitable.

Documenting the transfer of property in orders or a Binding Financial Agreement can mean that the parties receive exemptions and other relief from the taxes and duties which are ordinarily payable on transfers of property. This can lead to significant savings for the parties.

Once the orders have been made or a Binding Financial Agreement has been entered into, the parties can provide it along with other necessary documents to the authority responsible for administering titles (which is Landgate in Western Australia) who will register the transfer.

Speak with an Experienced Property Settlement Lawyer

If you need advice about transferring ownership of a property or removing a former partner from the title following separation, the team at O’Sullivan Davies can help. Contact our experienced property settlement lawyers today for practical advice and support tailored to your circumstances.