Whose name to put on Contract of Sale?

Discussion in 'The Buying & Selling Process' started by Ruj, 30th Oct, 2020.

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  1. Ruj

    Ruj Member

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    A question for Mortgage Brokers.
    A couple wants to buy a house. Only the husband's name will be on the mortgage application because the wife has been in her casual job for less than 6 months.
    So on the Contract of Sale, the husband and wife have both put their names down as purchasers and have both signed it as well.
    Won't this be a problem with the bank since only the husband's income is being used for servicing the mortgage?
     
  2. Terry_w

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

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    you need credit advice as well as legal advice. Who is on the contract doesn't have to be the eventual owner of the property.

    You also seem to be implying a non-working spouse cannot be on the loan, when this is not the case.

    You should work this out before entering a contract, although in VIC it can be easily changed.
     
  3. Ruj

    Ruj Member

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    Thanks Terry, the problem is the spouse is working as a casual but the bank will only use her income for servicing if she has been working for at least 6 months, which she hasn't.

    How can she be added to the loan? Do you mean as a guarantor?
     
  4. Terry_w

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

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    She could still be a borrower even if her income is not being used. But it would need to service on the husbands income alone.
     
  5. Ruj

    Ruj Member

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    Wow, I did not know this, thank you. It's with ANZ so I need to find out how to do so? Thanks again Terry