My daughter and I have owned a house in Brisbane for two years which we have just sold. However on settlement date (last Wednesday) her estranged husband placed a caveat on the sale claiming he is entitled to a portion of the proceedings. After repayment of mortgage and costs, the balance remaining will be some $93,000 of which $90,000 is the amount I have contributed to the property (which they agreed in writing to repay me). The husband has left behind some $25K of other marital debts which my daughter is trying to pay off as he has a number of charges pending and may possibly end up in jail. I live in NZ and would like to know what we can do to get the caveat lifted for the completion of the sale, given that I don't believe he can expect anything from the property.
The caveator, the ex husband, could voluntarily withdraw the caveat, which is not going to happen.
In Queensland, the caveat will lapse in 90 days if there have been no proceedings commenced to prove the entitlement to lodge the caveat.
If the 90 days has not elapsed, you need to serve a notice on the ex husband, a Lapsing Notice, requiring the caveator, ex husband, to start proceedings in a court to prove his interest in the property. You would arrange to serve this notice on him personally.
Once you had confirmation of service, usually by Affidavit of the person serving him, you would notify the registrar-general of Land Titles in Qld, by sending him the form 14 with a letter advising that a Lapsing Notice had been served on the caveator and a copy of the affidavit of service (only if the 90 days has not expired).
If the 90 days has expired, then you only need to complete the form above and lodge it.
I hope this is of assistance.
B.Ec., M.I.R., LLB
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