5539

Q&As and counting

February 2019

Costs - caveat on joint property

February 2019
Other
Victoria

Asked

Property: can a solicitor for his client wife in matrimonial proceedings lodge a caveat (to secure his costs) on a property that she jointly owns with my client husband. I assume not but just want to be certain.

Answered

Thank you for the question.

The joint proprietor can certainly charge her interest in the property in a costs agreement with her solicitor and that charge can justify a caveat.

The costs agreement should refer to the property specifically, by reference to the address or title particulars, rather than being an 'all properties' charge.

Regards,

Mentor

Other
Victoria