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  1. NedKelly

    Withdrawal of Caveat?

    According to Rupert:- My brother's half share will be made out to the ex-wife's solicitor's trust fund as per court order. I cannot see any lawyer going against that.
  2. NedKelly

    Withdrawal of Caveat?

    Well it sounds like if she doesn't then none of them will end up with anything.
  3. NedKelly

    Withdrawal of Caveat?

    The lawyer acts for the husband. If the husband directed the lawyer to go against a court order the lawyer should not allow it.
  4. NedKelly

    Withdrawal of Caveat?

    Because the husband won't get the money, it will be disbursed by the lawyer according to the court order. Anything done contrary to this would be contempt of court.
  5. NedKelly

    Withdrawal of Caveat?

    I would think that if the court order says something along the lines of "x proceeds from the sale of the property will be paid to Mrs ex-wife at settlement" and both the buyers and your solicitor are aware of the court order, then she can lift the caveat without being concerned she won't get her...
  6. NedKelly

    Withdrawal of Caveat?

    Well let's hope you made a profit Rupert, otherwise she would end up having to pay money to your brother and I doubt she would be so willing to sign your withdrawal form.
  7. NedKelly

    Withdrawal of Caveat?

    Did she paint the toilet yellow as well?
  8. NedKelly

    Withdrawal of Caveat?

    None of that will give her an equitable interest, especially if she used yellow paint for the toilet. Except she is now an ex-wife, it depends what the court order says. The point is you cannot lodge a caveat, "merely to only notify her should the property be sold and nothing more". If this...
  9. NedKelly

    Withdrawal of Caveat?

    You cannot lodge a caveat, "merely to only notify her should the property be sold and nothing more". There must be more to it than that. To lodge a caveat you must have an equitable interest. If the property is only in yours and your brothers name then unless there is some other written...
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