CHANGE OF NAME NSW

[Kingsolicitor]

I am acting for a female proprietor who has very recently married.  She is wishing to transfer to her husband an equal share of her home to her husband as tenant in common.  There is a mortgage on title.  Can this transaction be transacted in the PEXA Workspace or will it need to be done as a paper transaction using Form 10CN?  Thank you.

[CT · Accepted solution]

I am not sure if I am on the same page but if you were adding the husband on by transfer would it not be a simpler process to have her transfer 100% to her and her husband and use her new name on the transfer? Then if the financial institution consents it could be transacted through PEXA

[Kingsolicitor]

Thanks, CT.  To clarify.  The wife is intending to change her passport and driver's licence into her married name and that will enable VOI to be completed.  The transfer will be without monetary consideration and stamping will be exempt as the home is their principal place of residence.  She would be shown on the transfer as transferor under the name recorded on title but come onto title under her married name with her husband as transferees as tenants in common in equal shares.  The mortgagee would provide its CORD consent but no doubt would have to re-document its loan and mortgage to husband and wife.  I guess this sequence would avoid the need for the registration of a formal Change of Name and the transaction could proceed in PEXA.