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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I'm going through separation and my wife has indicated

Customer Question

Hi Deborah I'm going through separation and my wife has indicated that she believes the home is solely her despite purchasing the house 9 years ago in our 17 year partnership. I wish to protect the asset until our matter is heard in the Circle Court on March 7. I lodged a Caveat in QLD and it has been returned as I didn't filled out Item 3 and 4 correctly. The house was purchased in her name but we are both on the debt. Is this correct at item 3: AN EQUITABLE INTEREST AS BENEFICIAL OWNER OF AN ESTATE IN FEE SIMPLE? And is this correct at item 4: THE CAVEATOR'S EQUITABLE INTEREST IN THE PROPERTY ARISES BY WAY OF A CONSTRUCTIVE, IMPLIED OR RESULTING TRUST HAVING REGARD TO THE CONTRIBUTIONS MADE BY THE CAVEATOR TO THE ACQUISITION, CONSERVATION AND IMPROVEMENT OF THE SAID PROPERTY AND OTHERWISE DURING THE COURSE OF THE RELATIONSHIP BETWEEN THE CAVEATOR AND CAVEATEE.
I have prepared a document to allow sale of the house as long as the net proceeds are placed in a Trust Account until Final Orders are issued. Simply I dont have enough money for a lawyer and going against a lawyer would be really unfair...and I worried this is what she would do with the net proceeds. Pete
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you able to send me the requisition from DERM so I can see what the issues actually is and also the caveat. Email it to***@******.***

In your second question I have noted it a s duplicate and you should get a refund.

Customer: replied 10 months ago.
Email sent with the attached picutires of the form.Pete
Expert:  Leon replied 10 months ago.

Will respond once I get it later today

Customer: replied 10 months ago.
Leon. Has the informarion come through.
Expert:  Leon replied 10 months ago.

Should be through before the end of the night.

Because it goes through the US and then to me it is delayed.

Did they return the original caveat to you?

Customer: replied 10 months ago.
Do u ou think the text provided is correct. The text for item 4 comes from a previous answer on this website. So really the item of interest is Item 3: Interest Being Claimed. My answer is: An equitable interest as beneficial owner of an estate in fee simple.
Expert:  Leon replied 10 months ago.

It sounds correct but need to look at your caveat and the requisition.

Will get back to you ASAP

Expert:  Leon replied 10 months ago.

I have read the documents.

Your description is not correct.

They refer to a manual and here is the link to it

https://www.dnrm.qld.gov.au/__data/assets/pdf_file/0006/97134/land-title-practice-manual.pdf

Do you have a solicitor acting for you in this matter?

It would be best to get a court order to allow the caveat from the family court this way she cannot have it removed.

Family law proceedings are not a reason to register a caveat.

She can have it removed

You have an equitable interest in the property not a mortgage.