IF YOU HAVE A SPOUSE

If you are Selling your house, and you have a Spouse, and the house you are selling is the Matrimonial Home:

If you are selling your Matrimonial Home and IF the Transfer and/or Deed is only in ONE Spouses name and IS the Matrimonial home (or family residence pursuant to the Family Law Act 1990) the Spouse who is NOT the registered owner of the MUST attend at our office to sign a Consent and Direction.

The Consent and Direction does two things:

1) The Consent: provides that the Spouse who is not on the Transfer and/or Deed is aware of the Sale of the Home and Consents to the Sale; and

2) The Direction: provides that the Spouse who is not on the Transfer and/or Deed also consents that the Net Proceeds from the Sale of the Home are paid solely to the Spouse who is the registered owner. IF the direction is not signed, then the Net Proceeds shall be made payable to both spouses (even though only one spouse if the registered owner).

Please note that the above ONLY applies to properties that are used as a matrimonial home and does NOT apply to investment properties.