WA Can I Lodge a Caveat on Inherited Property?

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SarahH

Member
25 March 2017
2
0
1
My ex-partner has not paid child support for nearly 3 years, nor has he contributed to any of our daughter's school, clothing, phone or any other costs beyond housing and feeding when she stays with him. I work full time. He claims to be unemployed for past 2.5 years.

He has a property investment on the market. Also for sale is the house he is currently living in. He and his two sisters inherited this house from his mother some time ago. It is still in the sole name of the deceased. Am I within my rights to lodge a caveat on the inherited property? Outstanding child support is approx $7500.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Sarah,

My understanding is you need to be able to prove you have an interest in the property to be able to put a caveat on it. Just being married or in a de facto relationship doesn't automatically mean you have an interest. You probably need to speak to a lawyer to help determine if you have an interest in either property and if you do they may be able to advise on placing a caveat on the property.
 

SarahH

Member
25 March 2017
2
0
1
Thanks Lance,

I was hoping the unpaid child support was the key to interest in the property rather than relationship.

Believe me if I had any money after bills and kids I would be in a lawyer's office as I type this.