QLD Caveat and legal aide

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Barry123

Well-Known Member
27 June 2021
29
0
121
Hello Folks,
My ex has put a caveat on my owned house from defatco relationship of 9 years. The caveat was filed on the 14th of June 2021. As far as i know she is funded by legal aide .
My question is as I am unaware of how legal aid works - If i lodge a lapsing notice to get the caveat removed I understand that she has 14 days to start the court process... so on saying that because she is using legal aid will legal aid have ' money on tap ' instantly at her command or will there be a time delay , say 28 days , before they allow her next 'block' of funding ? Can I use the legal aid funding time gap to get the caveat removed.
AND if she wants an equitable interest in the property , does this mean she needs to chip in some money for maintenance of the 110 acre rural property. As it due for a septic soon which will be around the $20k mark.

Barry
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Generally legal aid doesn't fund property settlements ...

If you bought in 100% of the assets & have no children, chances are her fair & equitable division will be relatively small.. You should take along ALL the facts, figures & current valuations to a family law solicitor for an opinion on what a fair & equitable division may be .... You may be better off offering something near acceptable to both avoid court & costs.

She won't be expected to contribute to any preservation or maintenance of property post separation.

If the property is a generational farm that has been handed down to you, there are different rules that apply to division. Your lawyer will take that into account if it's relevant.