Caveat on Deceased estates Can you lodge a caveat on a deceased’s property after probate has been granted? The purpose of a property caveat is to prevent dealings with a property in dispute.  But it must be founded on legal grounds. A person contesting the Will and seeking...

Inheriting debts with assets When someone inherits assets but there is debt attached to it we are often asked are beneficiaries responsible for debts left by the deceased? Do you inherit the debt attached to the asset you are getting from a will? Generally speaking, in Australia,  lenders...

Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t?   Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then...

Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset eg for contents of a home you do not rely on the insurance replacement value, but rather second-hand...

How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship.  Rather than cashing out the super is "split" and assigned to the...

Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide...

Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no "one rule for all cases". Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time...

All vendors selling property over $750,000 are required to obtain an ATO Clearance Certificate These new changes will apply to contracts entered into on or after 1 July 2017. What are the upcoming changes? From July 1, the FRCGW withholding tax rate increases to 12.5% from 10%. This applies to properties where the...

The Victorian Government announced that it intends to increase the First Home Owner Grant (FHOG) from $10,000 to $20,000 for new homes built in regional Victoria and valued up to $750,000. This will apply for contracts signed from 1 July 2017 to 30 June 2020. Eligible first-home...

PEXA is  electronic conveyancing platform for use by conveyancers, lawyers, banks, purchasers and sellers of property.   It replaces the traditional face to face conveyancing settlements. Apart from arranging settlements of purchases and sales, conveyancers and lawyers are now also able to lodge caveats using PEXA. The...