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SA Selling House If Ex De Facto Put a Caveat On It?

Discussion in 'Property Law Forum' started by M&Z, 4 September 2015.

  1. M&Z

    M&Z Member

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    Can I sell my property if my ex de facto has put a caveat on it, if so what happens to the money when sold. Can I still pay off my mortgage?
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi M&Z

    This will come down to the type of caveat that has been placed on the title. In some instances, property can be sold subject to a caveat (a common one is a water authority caveat giving them permission to install drainage at some point in the future). However, other types of caveat will preclude title from being transferred on the property.

    Do you know if the caveat has been placed on the land already? As there may be a chance, depending on your individual circumstances that it is not possible for a caveat to be placed on the property by your ex. In SA, the requirement is that someone must have a real connection/interest with the land to be able to lodge a caveat (for example, if that person claims to have contributed to the land by either direct monetary contributions or as a result of being in a legally recognised, de facto relationship).

    If the caveat has already been placed on the land, I would recommend speaking with a property lawyer for advice on whether the land can be sold while the caveat remains in force and/or your ability to have the caveat removed.

    The SA government website, sa.gov.au - Home has some information that may also be of assistance to you.

    All the best.
     

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