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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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Hello, I have a caveat, sect 89 put on by my ( 2nd wife of

Resolved Question:

Hello,
I have a caveat, sect 89 put on by my ( 2nd wife of just 15 months).
I had my property before I met her. this was settled through family court 1.1/2 yrs earlier
with my first wife of (20) yrs .she does not want me to sell, she believes this is now her house, we live separate lives ,how long does the caveat last for. & do you think she has entitlements to the property.?
she has never made any payments to the property/ or bills.

I would love to her your view,

Regards Tim XXX@XXXXXX.XXX
Submitted: 10 months ago.
Category: Australia Law
Expert:  replied 10 months ago.
If your family law settlement has been finalised and she was not entitled to a share of the house, then she has no right to place a caveat on the property.

Assuming you agree with the above, I suggest you write a formal letter to her advising her that she has no legal right to the property and requesting that she remove the caveat immediately otherwise you will take legal action and seek to recover your costs from her.

If she refuses then the following article broadly explains what is required to remove a caveat. Although you can in theory try to proceed without a lawyer, in my view it is wiser to engage a lawyer to deal with problems of this sort as if you get any of the forms and processes wrong it can cause even more problems for you.

http://www.the-civil-lawyer.net/2011/06/caveats-how-does-someone-remove-caveat.html

If you need a lawyer to assist you, contact the Law Institute of Victoria as they can refer you to suitable lawyers in your area.

http://www.liv.asn.au/

Shop around as lawyer rates vary considerably.

I trust the above assists.

Please rate my answer so I can be paid by the website operator.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4506
Experience: Dip Law LPAB - Sydney based lawyer
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