VIC Caveat Removal After Divorce?

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17 August 2018
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Hi,

My ex and I separated in 2015 and divorce went through at the start of 2017. Property settlement is still going on. She has agreed to a settlement sum yet has still not signed the consent orders after a number of months in her hands.

I have the following questions:

1) Assume I do not take her to court, how long can she keep this "game" in play before she looses the right to property held under my name?

2) Do I have any other options in relation to the above (to get her 100% out of my life), aside from instigating proceedings?

3)What is the process to a remove property caveat placed on my property in 2015 ? The nature of the caveats placed as per the letter from "Department of Environment, Land, Water & Planning were "Implied, Resulting or Constructive Trust".

I was told by a person who used to be a family lawyer that she has no right under the family law act to have a caveat on the property.

Thank you to anyone that can provide a solution...I will kiss your feet and take you out for an expensive dinner :)
 

Rod

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27 May 2014
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1) Assume I do not take her to court, how long can she keep this "game" in play before she looses the right to property held under my name?
You, or she, have 1 yr after divorce to initiate a family court property settlement, else you need to seek leave of the court. The clock is ticking.

2) Do I have any other options in relation to the above (to get her 100% out of my life), aside from instigating proceedings?
If all the assets you want are in your name, you have the option of doing nothing. The downside is that if she seeks leave for a property application, and is granted one, then the asset value at the time of the application is what will be considered. So bad news in an upmarket, good news in a down market.

re: Caveat. You probably need to come to an arrangement with the ex, or wait till property settlement is arranged and this is one part of the settlement to address. There are only two ways to remove a caveat, the first writing to the titles office is not appropriate in your situation, and the second by applying to the Supreme Court is risky considering your situation and likely expensive. Your issue here is that your ex likely has a valid claim while property settlement has not been completed.