In article "Oksana
Gutteridge" wrote:
> 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.
Before you throw more ill-informed insults, Oksana, study carefully
the links at:-
ble+interest%22&btnG=Search&meta=>Just as a matter of interest, have
you ever studied law ?
I repeat, Ann, you should definitely get expert legal advice before
lodging a caveat in your circumstances. ignore stupid ill-informed
people like Oksana. This newsgroup is, regrettably, full of
unqualified "bush-lawyers".
Ron
Ron
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