Hi there. It sounds as though you are having a difficult time. Ownership or ‘title’ to property is a difficult and complicated issue. When you say she wants “her name to be removed from the contract” you might mean her name on the title to the property. If this is the case, it is a good idea, especially if she has not contributed financially and they want to disassociate themselves entirely from one another’s affairs.

Removing someone’s name from title with their consent may be done in Queensland using a transfer of title. A transfer must be registered with the Queensland Titles Registry in order to take effect. The process of transfer can be quite involved and requires the signature of both parties, filing several forms, as well as lodgement and payment of fees with the titles office. Fees will depend on the value of the property. Because the process is quite complex it is best to engage a conveyancer or solicitor. Penalties may apply if you make a mistake during lodgement. Because your partner and his ex will be transferring the title into his name alone there may also be stamp duty consequences. This is because your partner will be considered to be gaining the benefit of whole of the asset, whereas before he just had half. Because of this, and the fees involved in transfer, removing someone’s name from a title can become quite costly.

In addition to the complexity of transferring title to property, if your partner has a mortgage over the property he will likely need the lender’s consent before removing his ex’s name (if the mortgage is in her name as well). Depending on the lender, removing her name from the mortgage may involve preparing new mortgage documents. This may also involve a fee.

Depending on the exact nature of title that your partner’s ex has to the property, while her name remains on the title, she may have the right to enter the property. This is because, legally, she is still an owner of the property. If you or your partner deny her entry to the property, she may be able to commence legal action against your partner. Once her name is removed from the title, she will not be able to enter the property as she no longer has part ownership of the property at law.

Joint ownership to physical property such as furniture is not as easy to identify as ownership of land. Ownership of land involves a Certificate of Title which clearly states who owns it and who has an interest in it. If the furniture was purchased entirely by your partner and paid off by him, and is also at the place he is occupying, it is unlikely that his ex will be able to compel him legally to give it to her. This is because it may be difficult for her to prove she owns it in any way. She would most likely have to pursue a claim like this through the Queensland Civil and Administrative Tribunal (also known as QCAT). If she did contribute to the deposits, however, you and your partner should try to arrange with her some compromise in order to avoid a claim at QCAT. Your partner might offer her the amount she contributed back. Compromise of this kind will avoid the stress of having to show you own the furniture in a civil claim.