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wesing
24-04-12, 22:34
My brother-in-law had purchased a private condo 2 years but put his ex-girlfriend then as a joint tenant S&P Agreement.

They had broken off shortly after exercising the option.

The condo had recently TOP and the lawyer said he is required to indicate the percentage share of himself and the other joint-tenant.

As he had broken off with the ex-girlfriend, she refuses to sign on the percentage share as she claimed she does not want to have anything to do with this property. However, the lawyer said that unless she sign on the paper indicating a minimum 1%, the percentage will revert to 50-50 if the required paper is not submitted on time.

My brother-in-law need to re-finance the loan FOC within 3 months of TOP but again she will probably not sign on the bank document. Even if he wanted to sell the property, he is worried that she may not want to sign on the S&P documents.

What can my brother-in-law do now facing a non-cooperative joint-tenant that could sabo all his move? What is his legal option? Any advise from the bro and sis here?
House
24-04-12, 22:37
there is none.

can only cower and beg to resolve this issue with his ex.
get a mutual friend to mediate....
wesing
24-04-12, 22:42
there is none.

can only cower and beg to resolve this issue with his ex.
get a mutual friend to mediate....

Can take her to court for being uncooperative? She did not pay a single cent of the downpayment and also servicing the loan.
toufu
24-04-12, 22:50
time to seek legal advise :scared-3:
howgozit
24-04-12, 22:56
Do you mean tenants-in-common or joint-tenant?
House
24-04-12, 23:01
private condo = co-owners
howgozit
24-04-12, 23:06
Especially for private properties.... Co-owners can be either joint tenants or tenants in common.

private condo = co-owners
ysyap
24-04-12, 23:06
If she doesn't want to have anything to do with the condo, then signing on the dotted line to sell that property is the only way for her to get what she wants... isn't it? :o
danieltangtc
24-04-12, 23:12
The lawyer is right. They have to declare their individual share of the condo.

But even if they don't do it now, they can do the statutory declaration later on. The problem is she can claim ownership of 50% of the unit if this declaration is not made.

But it is in her best interest to cooperate as the developer/ bank will hold her responsible for 50% of money owed. :D

Best is to issue her with a lawyer letter and force her to comply.
shellshox
24-04-12, 23:28
Wah, must be a damn hard breakup for her not wanting to do anything involving your brother... But yes, legal action should be taken asap, no point dragging it.....
thomastansb
24-04-12, 23:50
Wow, looks like the guy zhao sai. Haha..

Nothing much you can do. If 1 party refuse to sign, that is it.
mygeemeel
24-04-12, 23:59
TC won't be able to claim 100%. Legally she is entitled to half unless TC can prove he has been paying for the pc. Even though TC can prove, she is still entitled to minimum 10% to max 50%.

So lesson learnt.... Don't be smitten by girls so easily.
jwong71
25-04-12, 00:52
if the gal didn't pay any amount of downpayment, in good position to squeeze for for higher portion money or %.. cos she got nothing to lose.

otherwise both can default and wait for bank's lawyer letter to sue.

both either die together, or the guy more pain.. sacrifice more to the gal.

gone-case :D
Komo
25-04-12, 06:54
either the girl is senseless or she is damn smart:D
ysyap
25-04-12, 07:45
Yup... her reasoning that she doesn't want to have anything to do with the condo is simply illogical. The law is here to stay and her non-cooperation simply lengthens the entire process and prolongs her connection with that property. She probably wants more cash from a non-metrimonial commitment. :rolleyes:
minority
25-04-12, 08:28
Fire sales!
eng81157
25-04-12, 08:58
Yup... her reasoning that she doesn't want to have anything to do with the condo is simply illogical. The law is here to stay and her non-cooperation simply lengthens the entire process and prolongs her connection with that property. She probably wants more cash from a non-metrimonial commitment. :rolleyes:

i smell a black-mailing tactic around the corner. is she a prc or FT?
ysyap
25-04-12, 10:02
i smell a black-mailing tactic around the corner. is she a prc or FT?Juicy indeed! :rolleyes:
buttercarp
25-04-12, 11:47
TS, your brother should get a good conveyancing lawyer to handle this matter.

In this case, it should be tenant in common, rather than joint tenant.

If it is joint tenant, is it automatically divided by the number of people buying it, in this case will be 50-50.

If tenant in common, then have to specify the % of ownership.

For interest, there is an old thread in this forum.

http://www.condosingapore.com/forums/archive/index.php?t-7761.html
roly8
25-04-12, 12:19
Fire sales!

lol!! :D:D:D
howgozit
26-04-12, 11:26
TS, your brother should get a good conveyancing lawyer to handle this matter.

In this case, it should be tenant in common, rather than joint tenant.

If it is joint tenant, is it automatically divided by the number of people buying it, in this case will be 50-50.

If tenant in common, then have to specify the % of ownership.

For interest, there is an old thread in this forum.

http://www.condosingapore.com/forums/archive/index.php?t-7761.html

Unless the lawyer has been negligent in his duties, I suspect it is a joint tenancy otherwise the proportion of ownership in tenants in common would be known right from the start.