VIC Removing Property Caveats - Go Through Supreme Court?

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Mollis

Well-Known Member
20 July 2015
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Good evening all...

I have a question regarding caveats that have been place upon two properties during my recent divorce.

My ex-wife is based in the UK and the caveats were placed on my main home and an property investment in Victoria whilst we worked through our financial and property settlement. The settlement was agreed and completed around six months ago and I have retained both properties and they are already registered in my sole name.

I need to refinance my mortgages to secure a better rate but can't do so until I remove the caveats. She has ignored my communications on this point and I am wondering what my next option is as I believe that only the person that requested the caveats to be put in place can remove them.

My mortgage deal has expired and I am being hit hard with the higher interest but am at a loss as to the best option to sort this out.

I believe I can lodge with the Supreme Court to have them removed but am not sure how involved and costly this would be.

Thanks in advance for your thoughts on this.
 
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Rod

Lawyer
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27 May 2014
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Supreme court is one way. Not sure of cost, though you seek a costs order as part of your application. If you win she pays costs (or at least a decent proportion).

Other way is to send an application for removal to the titles office registrar with all your proof and wait at least 30 days. Your ex then has to either start court action in support of the caveats, or withdraw caveats, or do nothing.

The do nothing option means the registrar will remove the caveats after a period, not sure what that is, at no significant cost to you. This option takes longer but is easier and less stressful.
 
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28 March 2018
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I have a similar issue.

What sort of proof/documentation is needed to with the application for removal to the titles office registrar ?
 

Rod

Lawyer
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27 May 2014
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Court orders are the best evidence. Binding financial agreements can work as well.

If you don't have either of these documents, what do you have?