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In a QLD caveat application there is a question: Interest…

In a QLD caveat application...
In a QLD caveat application there is a question: Interest being claimed. What does it mean and what should I put there?
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Answered in 8 minutes by:
3/16/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon

Why are you placing the caveat on the title? Did you lend them money?

Did you pay for part of the property and they are refusing to give it back to you?

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Customer reply replied 4 months ago
There are three owners in the title and one of them wants to sell the property without the agreement from the other two

Good Afternoon

Are you one of the owners?

If so why are you placing a caveat on title?

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Customer reply replied 4 months ago
The crooked one already put a caveat on
Customer reply replied 4 months ago
he is a conmen, wants to sell the property and disappear from Australia
Customer reply replied 4 months ago
He would forger a paperwork to do this

If you are an owner a caveat does not do anything.

It is only used if you have an interest in a share that is not yours.

If there is no interest in the other parties share of the property then you are wasting your money.

They cannot sell or mortgage without the consent of the other parties.

If they want to sell and the others refuse then they can get a court order appointing a trustee to sell for them and the court will make that order.

But a caveat does not assist in stopping the sale.

That is if you do not want to sell.

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Customer reply replied 4 months ago
He would undersign false name for solicitor and forge my name on the paper and try to sell. With caveat this could be avoided.
So please tell me what to put for that question.
Customer reply replied 4 months ago
He can not remove my caveat at the title office.

Good Afternoon

He can request it be removed by the Registrar General and you will have to then fight him in the Supreme Court.

If you wish to lodge it you would say you are claiming an equitable interest in the land

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Would it be right to write:
Claiming the ownership fro Theodore Surname
Is this ok to write?

You claim an "equitable interest"

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Customer reply replied 4 months ago
for ground of claim I put: Theodore one of the owner want to sell the prope
Customer reply replied 4 months ago
The property is in three names and I don’t want him to claim anything is it still not good?

Good Afternoon,

you can only lodge the caveat against his share if you can show that you have made some contribution towards his purchase.

What you are going to put on it will be rejected.

You cannot stop him selling if he wants to he will get a court order.

Your caveat will fail.

You can put the reason but it will not be accepted.

There is no right to his part of the property. You cannot put a caveat on yours as you own it.

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Customer reply replied 4 months ago
With the court order he needs to remove me caveat and sell the property. Is that right? But he is a liar, conmen and forger. He would do amything and everything to achieve his wants. What can I do to avoid the sale of the house?

Does he owe you money?

I think a phone call will be easier.

If you want to talk please elect a call. Then we can canvas alot more.

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Customer reply replied 4 months ago
I still think the caveat would be my best protection.
What would you put in the grounds of claim field?
Customer reply replied 4 months ago
I am sorry but I am short on money .....

Good Afternoon

Form what you have told me I doubt it will be registered.

I need to know more about your relationship.

I cannot just give you something to put in there. if it is wrong you can be sued and fined

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Customer reply replied 4 months ago
We are divorced about five month ago and the property is under settlement

Do you have court orders about the property split?

Do they say it has to be sold?

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Customer reply replied 4 months ago
No we don’t have anything yet. No trial time set yet. He wants to get rid of everything and disappear from Australia.

But you have a property application in the court?

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Customer reply replied 4 months ago
We have a property settlement waiting on the family court.

If you want to place a caveat on the title because you have concerns about what he will do and you have evidence to support you then the court can make an order and then you can lodge it.

The law only allows a caveat in family law disputes if the court orders this.

This is your best situation.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks

All the best and good luck

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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