In news:nemoSat010508111347@news.netspace.net.au,
Ronald Huttner typed:
> In article
> <59b69cc7-ae00-44c9-8c55-b88dccd7aacf@j78g2000hsd.googlegroups.com>
> 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
Is this clown PA on downers?
It is obviously in the O/P's interest to put a caveat on the the property.
Otherwise, the property could be sold and their share of the proceeds
disappear. It's perfectly normal. They should talk to their local titles
office about how to do it, and for the cost involved.
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