LawTalk Blog

Family Law Property dispute - How can caveats be removed?

matrimonial property issues

We had previously looked at the effect of lodging a Caveat over a property and in what circumstances a party to a marriage or de facto relationship can lodge a caveat. Now we look at how to get them removed.

Once a caveat is lodged, the owner of the property gets sent a notice to advise that a caveat has been lodged on the title and the certificate of title shows that a caveat has been lodged by that party.

The owner of the land would need to either have the caveat removed or to deal with the land subject to the consent of the person who lodged the caveat. What this means is that the owner of the property will not be able to sell the property or grant a mortgage over the property (such as borrowing money from a bank using the property as security).

The person that owns the land can apply to the Registrar of the Land Titles Office to remove the caveat. This can be done by completing a simple form. The application to remove the caveat is then sent to the person who lodged the caveat. The person who lodged the caveat has 21 days from the date that the notice was sent from the Land Titles Office to apply to either the District Court or the Supreme Court of South Australia to  obtain an order to maintain the caveat.

If the person does nothing then at the expiry of 21 days from the date of the notice the caveat is withdrawn.

Have you had a caveat placed on your property or would you like more information on placing a caveat on a property to protect your interests.  For more information on caveats of Family Law matters contact Andersons Solicitors.

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Get in touch with today's blog writer:
Ryan Thomas

Partner in Family Law

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal and South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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