In article
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Ann wrote:
> I have a question about placing a caveat on a property.
> I lived with a guy for 16 years he purchased a property,it was put
> in his name only, we recently split up, and an agreement to pay me
> $80,000 upon the disposal/sale of the property was drawn up between
> ourselves, it was signed by myself, him and 2 witnesses one was my
> son the other no relation. Is it within my best interest to place a
> caveat on his property? if so how do I go about it, where do I start?
> and isthere a time limit? any information on this matter will be much
> appreciated.
Was the agreement drawn up by a solicitor ? If so, you should
definitely discuss the matter with him/her. A person lodging a caveat
on a title must have what is known as a "caveatable interest" in the
title and I doubt whether you have one. It appears, on what you have
so far written, that all you currently have is a legally enforceable
contractual right to a share of the proceeds of any sale, rather than
an actual proprietary interest in the title of a type which would
support the lodging of a caveat. Bear in mind that placing a caveat on
a title without the requisite caveatable interest can result in costly
legal action against the caveator, for its removal. Although I am a
lawyer, property law is not a field in which I specialise. You need to
consult either a family-law specialist or a conveyancing/property-law
specialist. To simply go ahead and lodge a caveat without expert legal
advice would, in your circumstances be risky.
Ron
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