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

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


13 January 2015
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?


LawConnect (LawTap) Verified
27 May 2014
After the sale of the house will the balance of the caveat be taken out of the ex-partners share of the profits or are we both liable for the balance??

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.