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QLD Divorce - Caveat on Property in Process of Settlement

Discussion in 'Family Law Forum' started by Lydia, 30 April 2015.

  1. Lydia

    Lydia Active Member

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    I am divorced and just had a conciliation meeting where I agreed to pay my ex $45k. I am self represented. I am waiting for sealed copy of the consent orders and copy of transfer signed by ex so I can submit to OSR to be stamped for exemption on stamp duty transfer. We have not agreed on property settlement date as I am still waiting for sealed copy of consent orders from the court which my understanding 45 days from receipt of sealed copy of consent order but my ex solicitor have a different interpretation, which is 45 days from conciliation meeting. However, the reason I agreed not to insist my prefer arrangement of 60/40 is so we can move on with our life.

    Since my ex found out last year that I got engaged, he became nasty and now he knows I'm getting married next month. Now ex solicitor is expressing of putting a caveat on property - refer email below my ex solicitor - does she has a right to insist that I have a solicitor to act on behalf of me.

    "In regards to returning the signed by our client Transfer for the (XXXX) property this is causing us some difficulties.When solicitors are acting for parties we provide to the other a ‘solicitors undertaking’ to utilize the signed transfers only pursuant to the Terms of the Orders made by the Court; and only for the purpose of stamping prior to settlement.You will note that in the transfer sent to you, we have provided that Undertaking to you.That undertaking is not only enforceable in law but is a serious obligation on behalf of the solicitor giving it. As you to date are not utilizing a solicitor for the conveyance, we have advised our client that to protect his interest we believe a caveat should be lodged by him over the property- to ensure that there are no dealings in the property prior to transfer pursuant to the terms of the Orders.

    At settlement we would then provide you with a Notice of Removal of Caveat for you to lodge. A fee would be payable for it’s removal. If lodged by post that fee is $193.70.

    The lodgement of a caveat over the property may however cause you difficulties with your financier.
    We ask that you please re-consider whether you will continue to self-act or would you be willing to appoint a solicitor for the purpose of the property Transfers pursuant to the Orders."
     
  2. Rod

    Rod Well-Known Member

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    Qualification: I do not know anything about this 'undertaking between solicitors'.

    I would be calling the solicitor for the ex and saying:

    You do not consent to any caveat being placed on the property.
    If they lodge a caveat, they are responsible for its removal and they any associated costs.
    You are just waiting on the Terms of the Orders made by the Court to confirm everything is as it should be.
     
  3. Lydia

    Lydia Active Member

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    Hi Rod,
    She can be a bully, I communicate to her by email only. Do I really need to get a solicitor to do the conveyance for me. I have contacted OSR and told me that I dont need to and emailed me the forms that I require to completed. I forwarded the unsigned docs and they are happy the way it was completed. Just waiting for sealed copy of consent order and form 1 and 24 signed by his clients. We had the concilliation meeting on 9 April and the solicitor demand that the settlement date is 25th May, but i told her my understanding is 45 days from the date I received the sealed copy of consent order so told her that once I receive it I will notify her and decide the settlement date. I just spoke to the bank and told me that if there's a caveat on my property bank would not be interested to provide funds to refinance my property. this i am scared.
     
  4. Rod

    Rod Well-Known Member

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    It is not easy for some people to deal with bullies :(

    Bullying people need to be dealt with firmly. Know what you want to say and say it without getting emotional. If they try to bully you, call them on it and say you will hang up the phone if they continue to talk that way. Be prepared to hang up if they continue to bully you.

    The advantage of the phone call is you can gauge her reaction about what you are proposing to do. It can be and should be followed up with an email confirming what was discussed, if any agreement reached, the nature of the agreements and your position on what they sent to you (eg you do not consent to a caveat and will hold them and their client, responsible for all costs and loses you incur as a result of their actions).

    No, and it sounds like you know what you are doing :) I assume the transfer you talk about in your first post is the land transfer form. As long as you a confident the land title will pass properly you should be OK. I am not be confident of DIY title transfers because I've never done one.

    OSR - Office of State Revenue QLD ?
     
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  5. Lydia

    Lydia Active Member

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    Hi Rod - yes OSR - Office of State Revenue - QLD and yes I am referring to land transfer form.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Every person in Australia has a right to self-represent in any family law proceedings. They are trying to intimidate you.
     
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