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3.6.1 Eligible Person and Spouse or De Facto Partner


An eligible person may be joined in the advance by his/her spouse or de facto partner.   Subsidised advances may be allowed in the joint names of an eligible person and spouse or de facto partner provided they hold the land for which the advance is made as joint tenants. of equity in property. Applications to purchase equity in a property are to be processed as applications to 'buy'.  Should the other owner not be a spouse or de facto partner of the applicant, ownership will need to be as a tenant in common and subject to the equity rule in section 17A(2) of the Act.  Where the property is already subject to a DSH subsidised advance, the existing borrower will need to apply for a transfer certificate under section 22 in addition to the purchaser's application.  Where the existing borrower is ineligible (ie an ineligible transferee before 8/1/91) the subsequent transfer application is to be refused.  Where the existing eligible owner is the spouse or de facto partner of the current applicant, the parties will have a choice of either joint tenancy or tenancy in common.  (Please also see Ent GO 3.6.4 below).