Guide
Separating: check how the house is held
When you separate, it helps to know exactly what the land register says about the home: whose names are on it, how they hold it, and what's registered against it. A title search shows all of that, usually within minutes.
See the exact lot and title before you pay. No title, no charge.
What does the title show when you separate?
It doesn't show who paid the deposit or the loan, what the property is worth, or how much is owing.
- Whose names are on it, spelt as registered.
- How you hold it: as joint tenants, or as tenants in common with set shares, such as half each.
- Mortgages, with each lender's name.
- Caveats, including any lodged by a partner or a lender.
- Pending dealings, such as a transfer or a new mortgage lodged at the registry but not yet registered.
What do joint tenants, tenants in common and survivorship mean?
If you're joint tenants and one of you dies, the other takes the whole property automatically, whatever a will says. That's survivorship. Separating doesn't change a joint tenancy on its own.
Tenants in common each own a set share, which passes under that owner's will.
Some separating owners change a joint tenancy to a tenancy in common so survivorship no longer applies. Whether and how to do that is a question for a family lawyer, because it affects both of you and the settlement.
Does the name on the title decide who gets the house?
Not on its own. In a family law property settlement, property in either partner's name, or both, can be counted. A house in one name alone can still be part of the settlement, and being on the title doesn't fix anyone's share.
If you're not on the title and worried the property could be sold or mortgaged, talk to a family lawyer promptly about your options.
People also use a title search as evidence in child support and other disputes: it shows what's registered for a particular property. We search by property, not by person.
What should I do with the title?
- 1Search the home's address and confirm the lot and title reference. Search any other property you hold together too, such as an investment unit or a block of land.
- 2Read the summary: the names, how you hold it, the mortgages and anything pending.
- 3Give the registry's PDF to your family lawyer or mediator. They'll want the document itself, not a screenshot.
- 4Order a fresh search later if you need to show nothing has changed, for example before mediation or settlement.
Which option fits a separation?
The Title search is enough to see the names, the tenancy and the mortgages. The Title + Full Report explains every entry beside its original text, flags caveats and pending dealings, and lists questions to take to your lawyer. In WA you get the official PDF only, and in Queensland the official PDF for now.
Common questions
How do I find out how our house is held?
Order a title search. The owner section shows each name and whether you hold it as joint tenants or tenants in common, with the shares.
The house is only in my partner's name. Do I have a claim?
Possibly. Family law can count property in either partner's name. A family lawyer can tell you where you stand.
Does separating end a joint tenancy?
No. A joint tenancy continues until it's changed at the registry, so survivorship still applies. Ask a family lawyer before changing it.
Can my ex sell or mortgage the house without me?
Not if you're both registered owners: a sale or a new mortgage needs every owner. If it's in their name only, speak to a family lawyer promptly.
Will the title show the loan balance?
No. It names each mortgage lender but not the amount owing. Your loan statements show that.
Can I search for properties in my partner's name?
Not with us yet. We search by property, so you need the address, the lot and plan, or the title reference.