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Property and Divorce

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AdelaideSingleMum

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Post Posted: Sat Oct 11, 2008 7:10 pm    Post subject: Property and Divorce
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My husband and I have recently separated and I don't know what to do about our house. I have been given different information and I'm confused!
He has our home loan with his ex-girlfriend. My name is not on the title or the homeloan. She disappeared about 8 years ago and no-one, including her parents, knows where she is. She only lived in the house and contributed for 9 months. She didn't pay anything towards the deposit. I want to know if I am entitled to anything, for my sake and my daughters. If he does have to pay me (we are legally married so I assume I am entitled to something), he can't refinance the homeloan because it needs her signature as well - but she is no where to be found! What happens?

Thanks!!

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Icon Mini Profile smithsussane
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Post Posted: Sun Oct 12, 2008 11:31 pm    Post subject:
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Hi AdelaideSingleMum!

Welcome to Forums!

If your name is not on the title or on the home loan, then you are not entitled to get anything from the property.

Feel free to ask if you have further queries.

Sussane
Icon Mini Profile jerry
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Post Posted: Tue Oct 14, 2008 4:15 am    Post subject:
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Hi AdelaideSingleMum!

To get a portion of the property, you will require to have your name on the deed. If your name is not on the property deed, then you will not have ownership rights to it.

Thanks,

Jerry
Icon Mini Profile ckalvesmaki

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Post Posted: Tue Oct 14, 2008 4:42 am    Post subject:
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You need to talk to a real estate attorney. There should be some steps you can go through to get her removed from title allowing for a refi and a posible equity split if any.
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