QLD Can Ex Put Caveat on House?

[Snapchat07]

Can my ex put a caveat on a house in my name if we are already have interim orders that the house has to be sold?

He lives in it and isn’t paying the mortgage, so the judge has ordered it be sold and the money goes into trust until we reach a final agreement, but he told the real estate agents today he is putting a caveat in it.

He has already delayed proceedings and contravened the previous orders for which we returned to court last week for and the judge said he is on last warning or he will be evicted prior to sale but has orders in place that it is to be sold as soon as possible. Th real estate is stressing that they won’t be able to sell if it has a caveat on it.

 

[Rob Legat - SBPL]

Your ex is able to lodge a caveat at any time. It's up to the Registrar whether or not they accept it, but claiming an interest in the land is a valid reason for lodgment.

The Registrar will then give you written notice of the lodgment. You can serve a notice on him requiring him to commence court action within 14 days to prove his interest. If he doesn't you can get the caveat automatically removed, and it's unlikely the Registrar will put it back on.

If he does do that, I would think the Family Court would be pretty annoyed with him, considering a caveat could kill a contract of sale over the property.

 

[Rod]

I suspect he can lodge the caveat, but if he fails to remove the caveat prior to the settlement he may become liable for significant costs. Potentially messy and yes, I can understand why an agent is concerned.

Rob's suggestion is worth looking into. Removing the caveat might save later headaches. Your family lawyers can check out what is required.

Alternatively write a letter reminding your ex the caveat will need to be removed prior to settlement else he becomes responsible for all costs and faces eviction as per court orders.