Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
You cannot if it is for the purposes of a property settlement under the Family Court Act.
If You Have Concerns You Can See a court order that the property not be sold or if it is sold that the proceeds are held in trust pending the property settlement.
Just to inform you, it is a long marriage and irrespective of what he came into their relationship with, everything will be part of the asset pool and split.
In property settlements the court and the law applied the following 4 steps in determining what split should be.
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your spouse made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
If these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
If they were children of the relationship, and the wife looked after the children her non-financial contributions as homemaker with a 16 year marriage would be almost equal these financial contributions and the split would be close to 50-50.
If there are still children under the age of 18 the wife would get an adjustment in her favour because she still has to raise the child.
You will need to get more detailed advice from a solicitor the practices in family law about your entitlements, and if the marriage is over we do not have to wait for a divorce to finalise the property.
You may also be entitled to spousal maintenance if the husband was the main breadwinner and you did not work.
But in relation to the Caveat, it is not permitted if it is for a property settlement and to protect your interests for a property settlement.
Is there anything else I can assist you with?