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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon I wanted to come back to my previous question regarding

Customer Question

Leon I wanted to come back to my previous question regarding interests in property. Does a 'caveat' cover disabled dad's interests?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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.

A caveat is there to protect a persons interest in a property whether that is equitable (with them having paid money to purchase) or otherwise. If the registered owner of the land wants it removed then the person that puts in on the title has to fight in court to have the caveat stay and back up their right.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
Hi Leon. I actually just got off the phone to the solicitor I'd booked to draw up the caveat. He suggested that if Dad had gifted the deposit for the property then a caveat wouldn't be worth much if my ex-wife wished to claim the property, or part thereof, in a divorce settlement. Is that also your opinion?To recap / expand upon previous question:
Dad is a disabled veteran on a TPI pension. After mum died I became his primary carer. He sold his property interstate and the funds (after paying off his debts) were used to pay the deposit on a property in which we have resided together now for almost 8 years. The property is in my name alone.
A few years after moving into the property my now wife became pregnant overseas, which is why i married in order for our child to be born here. We now have 2 children and half a decade of a rocky relationship. She now continues to threaten divorce and wants to maximise her portion of the division of assets. I'm not wanting to leave anyone high and dry but I also want to be sure I'm able to continue to care for my father in the property we currently reside (and have Dad well established). The property has remained in my name.
During the past 8 years Dad has paid the equivalent of 100% of the loan repayments via direct eft into my bank account, which I've used to pay off the loan while covering all living expenses myself from my own salary.If the original funds used to pay the deposit were gifted or not, will that have a bearing on the effectiveness of a caveat to protect his interests? Your suggestion is that regardless of sny financial investment a caveat would protect the property, would this also count in the case of property settlement?
Expert:  Leon replied 1 year ago.

Good Morning

Was the gift conditional on him having a lifer interest to live in the house?

Customer: replied 1 year ago.
I believe it stated something to the effect of '... sum if funds is a non-refundable gift, which entitles Dad to live rent free in the property indefinitely'.... Or words to thwt effect. Which, for some reason the mortgage broker just informs me she has lost the record of. Likewise the conveyancing lawyer has no record of in their files. Weird
Expert:  Leon replied 1 year ago.

Good Morning.

If that is the case then he has an interest.

You can rely it to lodge the caveat but you have to have the information to back it up. If you can get something from the Broker, a Stat dec and also from the conveyancer that they recollect this it is of assistance.