QLDIn ForceAct
Property Law Act 2023
sec.111Effect of advance out of joint account
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### sec.111 Effect of advance out of joint account
This section applies in relation to—
a mortgage under which an amount is expressed to be advanced by 2 or more persons (the mortgagees ) out of money belonging to them on a joint account; or
a mortgage to 2 or more persons (also the mortgagees ) jointly.
An amount owing under the mortgage belongs to the mortgagees on a joint account.
The receipt, for an amount paid under the mortgage, given in writing by the survivors or last survivor of the mortgagees is a complete discharge for the amount, despite any notice to the mortgagor of a severance of the joint account.
This section applies subject to any agreement to the contrary.
In this section—
mortgage includes—
an obligation to pay money; and
a transfer of a mortgage; and
a transfer of an obligation to pay money.
(sec.111-ssec.1) This section applies in relation to— a mortgage under which an amount is expressed to be advanced by 2 or more persons (the mortgagees ) out of money belonging to them on a joint account; or a mortgage to 2 or more persons (also the mortgagees ) jointly.
(sec.111-ssec.2) An amount owing under the mortgage belongs to the mortgagees on a joint account.
(sec.111-ssec.3) The receipt, for an amount paid under the mortgage, given in writing by the survivors or last survivor of the mortgagees is a complete discharge for the amount, despite any notice to the mortgagor of a severance of the joint account.
(sec.111-ssec.4) This section applies subject to any agreement to the contrary.
(sec.111-ssec.5) In this section— mortgage includes— an obligation to pay money; and a transfer of a mortgage; and a transfer of an obligation to pay money.
- (a) a mortgage under which an amount is expressed to be advanced by 2 or more persons (the mortgagees ) out of money belonging to them on a joint account; or
- (b) a mortgage to 2 or more persons (also the mortgagees ) jointly.
- (a) an obligation to pay money; and
- (b) a transfer of a mortgage; and
- (c) a transfer of an obligation to pay money.