If you have separated from your spouse or defacto partner the last thing you would want is for them to sell the family home and then spend or waste the sale proceeds.
Firstly you should ask your solicitor to do a title search to check who owns the property and in what shares. If the property is owned in joint names then both parties would need to sign a Transfer for a sale, so in most cases a sale without your knowledge would not happen.
However, if the property is held solely in your spouse’s name they could sell the property and then have the entire sale proceeds available to them.
To stop a sale of a property you can file a document called a Caveat at the Titles Office. A Caveat basically stops the property being transferred or sold (and other documents on the title can not be filed).
The laws surrounding Caveats are complicated and there can be serious consequences of filing a Caveat improperly so it is strongly recommended that a Caveat only be filed after obtaining the advice of a lawyer.
It is important to know that usually a Caveat will cease having effect after 3 months unless you obtain a Court Order or start Court action to keep it in place.
If there is any chance that your property may be sold and you may need a Caveat we recommend you have a talk to one of our solicitors to see if a Caveat or other urgent action may be needed to protect your assets.
Call us now on 13 58 28