Comments on: Common legal mistakes by Buyers of residential Real Estate in Queensland http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/ Expert lawyers from Corney & Lind Lawyers blog about real legal questions Fri, 27 Jan 2012 06:57:14 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Andrew Lind http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/comment-page-1/#comment-1957 Andrew Lind Thu, 10 Mar 2011 07:15:26 +0000 http://www.lawexperts.com.au/?p=122#comment-1957 State Revenue concessions are often provided on conditions that the property continues to be your principal place of residence for a minimum period of time. Without responding to the specifics of your question I simply suggest: - firstly you speak to the lawyer who helped you on the original conveyance; - if there is no help there then try and speak with the Office of State Revenue directly after considering whether there may be an answer for you on their web site. State Revenue concessions are often provided on conditions that the property continues to be your principal place of residence for a minimum period of time. Without responding to the specifics of your question I simply suggest:

- firstly you speak to the lawyer who helped you on the original conveyance;
- if there is no help there then try and speak with the Office of State Revenue directly after considering whether there may be an answer for you on their web site.

]]> By: Andrew Lind http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/comment-page-1/#comment-1955 Andrew Lind Tue, 08 Mar 2011 06:17:49 +0000 http://www.lawexperts.com.au/?p=122#comment-1955 I can only comment of Queensland. At Least a Form 1 transfer (and Form 24) is required for registration of the change of ownership with the Titles Office. The transfer will need to be stamped by the Duties office. If it is a related party transaction you will need evidence of market value for transfer (stamp) duty purposes. If the property is Mortgaged the bank will need to agree. An original copy of the Trust Deed would also be required. Tax, duty and asset protection issues should be considered and advised on. Contact our Client Services Manager for a quote if we can help. I can only comment of Queensland. At Least a Form 1 transfer (and Form 24) is required for registration of the change of ownership with the Titles Office. The transfer will need to be stamped by the Duties office. If it is a related party transaction you will need evidence of market value for transfer (stamp) duty purposes. If the property is Mortgaged the bank will need to agree. An original copy of the Trust Deed would also be required. Tax, duty and asset protection issues should be considered and advised on. Contact our Client Services Manager for a quote if we can help.

]]> By: Andrew Lind http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/comment-page-1/#comment-1954 Andrew Lind Tue, 08 Mar 2011 06:07:36 +0000 http://www.lawexperts.com.au/?p=122#comment-1954 I assume that the title is in your joint names as well. Your partner needs to agree to transfer his share to you. You will need a lawyer to help you with this. This will then allow you to refinance. Whether your partner has a claim later is somthing you will need specific family law advice on. I assume that the title is in your joint names as well. Your partner needs to agree to transfer his share to you. You will need a lawyer to help you with this. This will then allow you to refinance.

Whether your partner has a claim later is somthing you will need specific family law advice on.

]]> By: Andrew Lind http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/comment-page-1/#comment-1952 Andrew Lind Tue, 08 Mar 2011 06:00:57 +0000 http://www.lawexperts.com.au/?p=122#comment-1952 Removing your husband’s name from the title, loan and mortgage will be considered a refinance by your bank. You may want consider asking your husband to go guarantor. I recommend that you take some specific family law advice. Removing your husband’s name from the title, loan and mortgage will be considered a refinance by your bank. You may want consider asking your husband to go guarantor. I recommend that you take some specific family law advice.

]]> By: Andrew Lind http://www.lawexperts.com.au/conveyancing/common-legal-mistakes-by-buyers-of-residential-real-estate-in-queensland/comment-page-1/#comment-1949 Andrew Lind Tue, 08 Mar 2011 05:53:05 +0000 http://www.lawexperts.com.au/?p=122#comment-1949 I recommend that you and your husband take some specific family law advice now in an effort to come an agreement as to how the property be dealt with during your lifetimes and on your husband’s death. Ultimately this will be much more cost effective than a protracted legal dispute. I recommend that you and your husband take some specific family law advice now in an effort to come an agreement as to how the property be dealt with during your lifetimes and on your husband’s death. Ultimately this will be much more cost effective than a protracted legal dispute.

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