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 (see NSW LRS guidance on caveats).
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 (in some cases, parties consider court injunctions under Family Law Act s 114 procedures).
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 (NSW LRS) or via approved e-lodgment.
Legal Consequences of Lodging a Caveat
Improperly filing a caveat can have serious consequences, including court orders to remove it and potential cost penalties. For broader property dispute options, see our Family Law in NSW guide.
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 or call (02) 8806 0866.
