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Has bro got the money to pay her out in advance maybe?

Rupert, do you have the wording handy?

The court order has nothing to do with the lawyer. If the client directs the lawyer to pay money into a savings account the lawyer must do it. For all the lawyer knows the client may be paying the wife directly. If the court order directed the husband to sell the property and the proceeds...

That is fine, but think of it from her point of view. What guarantee does she have that she will get the money? Her solicitor will be doing everything possible to make sure she does and this would entail not giving away the power of caveat too soon. I think an undertaking by your bro...

The court order would direct the husband not the lawyer.

What if the husband just takes the money and runs?

Title is not changed at settlement. What happens is all the paperwork and money is handed over. The caveat withdrawal form included. This will result in 'settlement'. The purchaser's lender will then later lodge the transfer and removal of caveat. This could be many days or even years down the...

I agree that you have to have an equitable interest to lodge a caveat (except in tasmania i hear) but have to disagree on the other. Someone can gain an interest in a property by paying for that property. If the title is in name A with loan in name A and then B pays the loan or part of it...

What if she helped pay the loan or painted the toilet yellow for example? She may have constructed a granny flat or an outside toilet. She may have an interest under the family law act - being an asset of the marriage.

The caveat just notifies others that the caveator has an interest in the property. In this case the wife will be, probably, waiting on funds which could be coming from the sale of the property and she will therefore probably not be removing the caveat before settlement as her chances of...