Any party in a relationship who has a legal interest (e.g. your name is on the Certificate of Title for the property) or equitable interest (e.g. your name is not on the Certificate of Title, but you have made contributions towards the property) in land or and/or a house may lodge a caveat.
A caveat is shown on the Certificate of Title for the property. Depending on the type of caveat lodged, this may delay or prevent any dealings with the property
Caveats are often used where one party is worried that their former partner will sell or otherwise deal with the property against their interests. In family law, caveats are generally used where one party legally owns the property, but the other has an interest in it by virtue of contributions they made to the mortgage, for example.
Caveats can be complex things. Whilst lodging a caveat may seem like the obvious thing to do in a separation- caution should be exercised and it is best that you seek legal advice before lodgement. If you are concerned about your former partner dealing with your property against your interests or would like some general advice about caveats in the family law system, please call 6557 5888 to arrange an appointment with one of our solicitors.