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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:

arrow You have a legal or equitable interest in the property.
arrow 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:

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

How to Lodge a Caveat

To lodge a caveat, you must:

arrow Identify your legal interest in the property.
arrow 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.