Caveat on property

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DavidSoutherland

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20 June 2017
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I lent my son some money to help buy a home. He now wants to sell but I suspect from his comments that the money will not be wisely used. Can I put a caveat on the property to prevent its sale?
 

Tim W

Lawyer
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28 April 2014
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On what basis?
Did you gift him the money, or loan it to him?

(In lawyer speak - do you have a caveatable interest?
This matters because fear of people making DAF choices is not normally a ground for a caveat)
 

Tim W

Lawyer
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28 April 2014
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Sydney
To get a caveat on a property, you need to have what's called a "caveatable interest".
You might (very, very, very might) be able to get one
on the basis that he owes you an unsecured $X-thousand dollars.
But that's only for the money you lent him - not for the proceeds of any sale, and
not because you're afraid that he'll blow it.
And, you'll need the help of a lawyer to do it.

A mere fear on your part that your (presumably adult and legally capable) son
might be irresponsible with money in future is not likely to give rise to a caveatable interest.

Sadly, the law does not protect otherwise able people from making foolish decisions.
It only provides - sometimes - a way to clean up the mess that a fool makes.