Transfer from joint tenants to tenants in common

Discussion in 'Legal Issues' started by chrissy1410, 26th Feb, 2017.

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  1. chrissy1410

    chrissy1410 New Member

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    I am desperately trying to help my brother who has terminal cancer. He and his partner have been separated for 10 years, but not divorced. They are joint tenants on the property they own and he wants to change it to tenants in common with equal shares. His reason for this is that he wants to leave his share to a beneficiary of his choice. I know this is possible but I don't know who he needs to contact to help him, is it a solicitor or a conveyancer?
     
  2. dabbler

    dabbler Well-Known Member

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    Solicitor.
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Don't use a conveyancer, as there are many side issues to consider. Go for a lawyer.
     
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    btw his severance of the joint tenancy may even be possible before the registration happens - need a good property lawyer for this stuff. I recall a case on this from law school (only vaguely)
     
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  5. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Sorry to hear about that.

    The title registry change is simple, the family law issues not so much.

    Also we are on the Cancer Council's pro bono panel which means we do wills for free for anyone with terminal cancer.
     
  6. WestOz

    WestOz Well-Known Member

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    Its Amazing how many people do this, then suddenly something happens unexpectedly, could be a fatal car accident, and everyone else left behind has to not only deal with the emotions/loss, but also the mess because they didn't have their affairs in order, selfish.

    Fortunately this guys still around atm and trying to sort it out.
     
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