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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:

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.

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

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

Understanding Caveats in Family Law

When Can a Caveat Help?

When a Caveat Won’t Be Effective

How to Lodge a Caveat

Legal Consequences of Lodging a Caveat

Seek Legal Advice

Speak to an Expert Lawyer today

Book your consultation

What our Clients Say

Related Publications: Family Law | Property Settlement

Book your consultation

COURT HOUSES WE FREQUENT

Balmain Local Court

Bankstown Local Court

Blacktown Local Court

Burwood Local Court

Campbell Local Court

Central Local Court

Downing Local Court

Wollongong Local Court

Fairfield Local Court

Hornsby Local Court

Liverpool Local Court

Manly Local Court

Newtown Local Court

Parramatta Local Court

Penrith Local Court

Sutherland Local Court

Waverley Local Court

Windsor Local Court

Wollongong Local Court

Downing Centre District Court

Parramatta District Court

Penrith District Court

Campbelltown District Court

Liverpool District Court

Wollongong District Court

Supreme Court New South Wales

Federal Circuit and Family Court of Australia

Federal Court

High Court

Children’s Court of New South Wales

Coroner’s Court New South Wales

Industrial Relations Commission of New South Wales

Land and Environment Court of New South Wales

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