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SA Caveat on Property by Car Insurance Company - Divorce Property Settlement?

Discussion in 'Property Law Forum' started by matt1, 13 January 2015.

  1. matt1

    matt1 Member

    13 January 2015
    Likes Received:
    My now ex partner was involved in a car accident some years back and the car insurance company placed a caveat on our house, which we both resided in at the time. We are now divorced and are going through the process of finalising the property settlement post divorce. However, the caveat has been placed in my ex partner's name, but held over our property.
    My question is: After the sale of the house, will the balance of the caveat be taken out of my ex partner's share of the profits, or are we both liable for the balance?
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Did you consent to the caveat being placed on the property or did the insurance company do it themselves? If they did it without your approval you may be able to challenge it because a car crash doesn't not automatically result in a claim against realestate.

    Caveats simply give the caveator notice that the property may be sold but gives them an opportunity to take action to reclaim monies owed.

    You can certainly raised the issue of the debt during your discussions but I am not a family law expert and not sure if it will be considered a joint debt or your ex's debt. Discuss this your family law lawyer.

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