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NSW Property Law - Put My Name on Title to Sell Property?

Discussion in 'Property Law Forum' started by Alan Connell, 23 June 2015.

  1. Alan Connell

    Alan Connell Member

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    I have a caveat interest in a property. The property was purchased whilst in a relationship with someone back in 2009. At that time I paid $230,000 to my partner for the property plus stamp duty in order that she could apply for a mortgage. The property is now worth $7, 000,000
    A conveyancing agreement was drawn up through a solicitor but my name was never placed on the title.
    Can this be done now under property law so that I can force sale of the property?
    Since this agreement has been drawn up, I have been advised that the agreement was badly drafted, there was conflict of interest and it was contradictory.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Alan,

    Firstly a caveat isn't an interest in a property. A caveat is a notice on the register that stops the registered proprietor from dealing with the property in a manner contrary to your alleged interest until you have had a chance to prove the interest in court or the caveat is removed.

    What you potentially have is an equitable interest in the property that you are now seeking to have enforced.
    So, when you paid your partner $230,000 plus stamp duty, was your intention to pay for the entire house to belong to you alone or to become a co-owner with your partner?

    Who advised you that the agreement was badly drafted, with a conflict of interest and contradictory? A solicitor? If yes, who were they acting for?

    Caveating and equitable interests in property is a complicated area of law. I strongly suggest that you seek legal advice from a property lawyer because it can be difficult to have an equitable interest recognised that conflicts with the interest of a legally registered owner.
     

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