Family Law Property Disputes: When a Caveat Can Help (And When It Won’t)

Understanding Caveats in Family Law

A caveat is a legal notice lodged against a property title to prevent it from being sold or transferred without the caveator’s consent. In family law disputes, caveats can be used to protect a party’s interest in a shared property.

When Can a Caveat Help?

A caveat can be useful in situations where:

You have a legal or equitable interest in the property.
Your interest needs protection to prevent the other party from selling the property.

When a Caveat Won’t Be Effective

Filing a caveat is not always appropriate, such as:

If you do not have a legitimate legal or equitable interest.
If the other party successfully challenges the caveat in court.

How to Lodge a Caveat

To lodge a caveat, you must:

Identify your legal interest in the property.
File the necessary documents with the Land Registry.

Legal Consequences of Lodging a Caveat

Improperly filing a caveat can have serious consequences, including court orders to remove it and potential cost penalties.

Seek Legal Advice

If you are unsure whether you can lodge a caveat in your family law dispute, seek expert legal advice from Jameson Law. Contact us today for a consultation.