VIC What is the Process of Obtaining a Caveat?

[John100]

The following questions relate to a breakdown of a de facto relationship of 25 years in Victoria.

What is the procedure and cost of obtaining a caveat?

The house is in my partner's name. I am trying for a mutual property settlement, however, if she refuses to cooperate, what steps do I have to take to ensure she sells the house? Preferably without incurring significant legal costs.

I have been trying to save this situation for a couple of years without success. I did consult a solicitor at the time. He advised that this case is a straight-out 50/50 property settlement.

 

[Rod]

...if she refuses to cooperate, what steps do I have to take ......... Preferably without incurring significant legal costs.

These two requirements are usually mutually exclusive.

Cooperation = least cost

It may be possible not to worry about a caveat if you can keep an eye on the house looking for 'for sale' signs. Once one goes up you apply for an injunction either seeking to stop the sale or preferably have the monies held in trust until property settlement has been reached. After all, you said you wanted the house sold so don't stop the sale, just stop the disposal of money.

Recommend you start the property settlement process as soon as you can.

 

[SamanthaJay]

John, my solicitor lodged a caveat on the family home for me back in May (in Victoria). The caveat lodging was $79 plus my legal fees.

 

[Alan Blumberg]

In my view you likely should not a lodge a caveat as you don't seem to have a caveatable interest. You may have to start proceedings to prevent the sale or secure the sale proceeds.

 

[John100]

Thanks for replies.

A family law solicitor has advised that I have every right to lodge a caveat, in fact has recommended I take that action, unless the law has changed in the last two years.

 

[Alan Blumberg]

In my view that advice is likely wrong. You need to have a caveatable interest - which based on what I know about your situation you don't.

 

[Tim W]

Caveats are injunctive - that is, they stop dealing in the land until the dispute is resolved.
That's the exact opposite of what you want to happen - you want her to get on with selling it.

 

[John100]

"The house is in my partner's name. I am trying for a mutual property settlement, however, if she refuses to cooperate, what steps do I have to take to ensure she sells the house? Preferably without incurring significant legal costs."

We seem to be at cross purposes here. the above quote is my main priority, the purpose of the caveat is to prevent the property being sold without my knowledge, this happened to a relative recently, who is now facing significant legal costs to recover the funds.

 

[Alan Blumberg]

You need to file an urgent court application seeking an injunction preventing the sale.

 

[John100]

"What steps do I have to take to ensure she sells the house? Preferably without incurring significant legal costs."

I give up! I do not want to stop the sale, please read the above.

I'm done!