As a borrower and the sole owner on title of the property, the lender will likely accept an instruction from him alone to payout the loan and discharge the mortgage. He'll also be able to sign a contract and a transfer on his own.
You can lodge a caveat, but if it's not supported by court action then it will be a lapsing caveat which:
- Can be removed after three months, if nothing further is done; or
- He can give you notice requiring you to commence court proceedings; in which case you have 14 days to do so. If you don't, he can get the caveat removed.
The Registrar will generally not allow a second caveat to be lodged for the same reason. So you best do it the right way to begin with.
If it's only a (very) short gap solution, it may work without the court proceedings but you do need to get advice which takes into account all of your circumstances.
I don't practise in family law, which is why I suggested you engage a family law practitioner.
You can lodge a caveat, but if it's not supported by court action then it will be a lapsing caveat which:
- Can be removed after three months, if nothing further is done; or
- He can give you notice requiring you to commence court proceedings; in which case you have 14 days to do so. If you don't, he can get the caveat removed.
The Registrar will generally not allow a second caveat to be lodged for the same reason. So you best do it the right way to begin with.
If it's only a (very) short gap solution, it may work without the court proceedings but you do need to get advice which takes into account all of your circumstances.
I don't practise in family law, which is why I suggested you engage a family law practitioner.
