All Topics / Legal & Accounting / what is a caveat? will it help me?

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  • Profile photo of ponyfireponyfire
    Member
    @ponyfire
    Join Date: 2006
    Post Count: 5

    Hi Guys
    My partner and I have split, while we never lived together we were planning for the future and had invested in a house together. My partner supplied the finance through a line of credit on another property. I did all the investigation of where and how, did the inspections and the negotiating on the deal. We both contributed to the touch-up reno.
    Becuase I have 4 dependents it was easier to get finance in my partner’s name only so mine is not on the title.
    I had assumed I owned 50% of the property but not according to my partner.
    I was wondering if I could put a caveat on the property until we have managed to sort out the deal.
    Will a caveat help? How much would it cost? How do they work?
    Thanks in advance
    Ponyfire[confused2]

    Happiness is found within

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes, put a caveat on quickly while you sort this out. You will be able to do this as you have a family law matter. A caveat costs about $100 to put on, but you may need a solicitor if you do not understand what you are doing.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of lifeXlifeX
    Member
    @lifex
    Join Date: 2004
    Post Count: 651

    You could have had both your names on the title, and simply got the loan in your partners.

    Good luck


    Live, Learn and Grow

    Lifexperience

    Profile photo of imported_DEANNAimported_DEANNA
    Member
    @deanna
    Join Date: 2004
    Post Count: 14

    Hate to say it, but you are screwed. Save your $100 and move on. Since you never lived together and you have already split you really don’t have a leg to stand on. Hopefully you learnt something.

    Better luck next time.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Pony, I misread your sorry: “you never lived together”? Then you have a problem and may have trouble even lodging a caveat.

    You may still be able make a claim tho, better seek legal advice.

    Maybe one way you could argue is your partner held your share in trust for you. Proving this may be hard but you can use the fact that you contributed to the property.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of coastymikecoastymike
    Participant
    @coastymike
    Join Date: 2005
    Post Count: 125

    The only caveat (no pun intended) I would apply is to seek legal advice. None of the people posting, including me, in relation to this message has, in my opinion, legal qualifications nor are we practising solicitors or barristers.

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