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VIC Can Wife Put a Caveat on Our Property?

Discussion in 'Family Law Forum' started by Freedomat30, 10 November 2015.

  1. Freedomat30

    Freedomat30 Member

    10 November 2015
    Likes Received:
    I just recently separated with my wife. We have three kids together. She has been a stay at home mum for the last 8 years. The mortgage and land titles are in my name only and I have been responsible for paying the mortgage plus all the other bills and daily expenses.

    I have just found out from the bank that she has been withdrawing a large amount of cash from the credit card for some time now. I know she's in the process of putting a caveat on the property. Can she do this even though she has not paid a cent and is not liable for the loan?

    I'm looking at selling the property and going our separate ways with 50/50 split but she doesn't want me to sell because she wants to buy me out. She won't be able to do this for a while as she has no job.

    I want to sell as my employment contract is coming to an end soon and I may not be able to service the loan. Does she have any grounds to do this?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    She can put a caveat on the property because she has a legal interest in it under family law, regardless of whether she has financially contributed to the property or not.

    Whether she can service the loan will be for the bank to decide, but if she can service the loan to buy you out, then you should consider it as an option for an amicable property settlement. Parties must attend a family dispute resolution conference to try and negotiate an agreement before they can apply to have the court decide the matter for them.
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