Court Order Transfers

If a property is owned jointly by two people, and one of the names needs to be removed from the Title, you will need professional assistance to sort out the paperwork.

This typically happens following a divorce or separation. A Court Order is made by the Family Court as part of the financial settlement in a divorce or separation. Usually, this is done by allocating equally the total pool of assets and liabilities, including obtaining valuations of properties and businesses, so that each person receives their entitled amount.

If the property is not sold and is kept by one of the parties, this involves transferring the Title from one spouse to another or from joint names to one name.

A Settlement Agent can draw up a Transfer of Land that effectively transfers the property to the nominated party and removes the name of the other person from the Title. The person coming off the Title will also need to be removed from the mortgage (if any), and we can also assist with this process.

If you have found yourself in this situation, at WA Settlement Services, we can help you complete the property transfer with nominal stamp duty.