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My former husbands bank told him that they would not give…

My former husband's bank told...

My former husband's bank told him that they would not give him any loan (to pay me out) if the caveat was still on his property. I had now withdrawn the caveat but still have not received any payment from him. He also has a court order for the payment. Am i safe with only the Court Order? Thank you

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Answered in 11 minutes by:

12/10/2012

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 10 years ago

Brisbane-Lawyer, Solicitor - Admitted 2005

Category: Australia Law

Satisfied Customers: 14,361

Experience: I did my law degree at the University of Queensland

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Can you please provide significantly more background information for me?

Customer reply replied 10 years ago

I separated from my husband in August 2011. After I moved out from our home I put a caveat on the property.

Now that we are over the 12 months separation and in the process of divorce, I'm trying to sort out the property.

My former husband decided to pay me out instead of selling the property.

My Lawyer organised a Form 11 to be signed by my former husband which lead to the order pronouced by the Court on the 8th October. This means he has 60 days to give me the payment which had been agreed (on the Form 11).

However about 10 days ago his bank said they could not loan him any money as the caveat was still on the property.

Based on this, I then lifted the Caveat.

But now he said his Bank needs a letter from the Landgate stating that the caveat has been withdrawn. Landgate will not produce such letter.

He now said his bank will check with the head office to confirm that it is ok for the branch to ring and confirm with Landgate that the caveat has been withdrawn.

In the meantime, 60 days from the order was pronounced ended yesterday.

My question is: now that I dont have the caveat on the property anymore, how safe is my position to get the settlement since I have the order from the court.

Thanks

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 10 years ago

Your position is fragile, and I think he may be stuffing you around. However, he still owns property, so at least there is some security there. If he fails to comply with the consent order you can apply for a contravention hearing.

So if you think he is making genuine efforts to get the bank loan so he can pay you, then I'd recommend you give him a few more days. But if you think he is just stuffing you around, I wouldn't delay in bringing the Contravention Application.

I think a good first step for you would be to call his bank manager regarding this, and if they refuse to talk with you, then you and your husband call together so you can confirm with the bank that this is the case. I suspect something is fishy here because a title search would show there is no longer a caveat, so there should be no need for the bank to need letters from Landgate.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Customer reply replied 10 years ago

Thank you.

Are you saying that the order pronounced by the Court has no enough power to report him in? (or this is where the Contravention Application come in?)

Am I able to put the caveat back on?

I will try to ring his bank but his banker is his friend....

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 10 years ago

Yes, if he was to make payment within 60 days, he is now in breach of the Court order and you can bring a Contravention Application. At that hearing you can ask the judge for permission to put the caveat back on, but presumably you just want your money. A better idea would be to ask the Court to make him do 20 hours of community service for breaching the order.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Brisbane-Lawyer, Solicitor - Admitted 2005

Category: Australia Law

Satisfied Customers: 14,361

Experience: I did my law degree at the University of Queensland

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