You can't lodge another caveat until the wife removes her caveat from the property.

Nothing can move until the wife agrees to remove the caveat from the property.

And trust me, family court are usually very ugly. Don't hope that the wife will easily settle for 50% profit if she has legal basis to demand for the house or whatever.

The circumstances does not look good actually. If the wife refuses to drop the caveat, you can be dragged on very long for this matter.

As for police report, this arrangement is not covered by the contract as the Vendor allows you to stay there while the transactions are being sorted out. I assume there's no formal agreement on paper regarding this arrangements. Therefore, the Vendor's wife (if she does own part of the property / her name on the title) could also be troublesome in this matter.

If she does own the house however, I think she can somewhat apply for an eviction to remove you out till the completion of the SPA process which could be another headache....

But those are just assumptions. I hope that the wife really drops the Caveat to ensure you are not being a victim of circumstances in a family dispute case.

This post has been edited by chiahau: Mar 21 2018, 02:43 PM

Private caveat can be lodged by anyone who has a caveatable interest. There is no restriction on the number of caveats. Caveats work on first come, first serve basis.

All parcel owners of a condo having only a master title can lodge a caveat pending issue of strata title to safeguard individual interest.

Private caveat can be removed by a court order if the court finds that the caveator has abused the right to caveat. The caveator must proof interest in the property to maintain the caveat, if it is challenged.

This post has been edited by mini orchard: Mar 21 2018, 05:14 PM

Ah... interesting case. Parking for more updates on the case.

If it was based on East Malaysia, if the house is fully owned by the husband not co own with the wife (wife has no name in title), then purchaser can actually lodge a land inquiry at land office to challenge to have the wife caveat removed from the property if the caveatable interest is only on monetary gains for divorce; not on the house ownership itself. Unless it is about the house ownership say the husband forge the ex wife signature as another owner etc. However, this is my opinion. Am not lawyer.

However, am not familiar with syariah law also, this could be intertwine with the transfer of ownership too.

Anyhow, like mentioned earlier, looking forward for more updates on the case.

EDIT : Anyhow, do remind your lawyer to caveat the said property for your own interest.

This post has been edited by edyek: Mar 22 2018, 05:46 PM

The house named to the vendor only. Its not joined name. According to the vendor, when the time he purchased the house, the wife is full-time housewife and not contribute at all in monetary. they also not stay in this house when they still together. The house is empty until I come in.
They already divorced like 3 years ago(2014), they move on their life in separate way and the ex wife shows no interest to bother about the house. Then the vendor decide to sell the house and start to advertise from beginning of year 2017. She still not even bother about the ex husband decision to sell the house. Only after she find out the ex husband found a buyer on nov 2017, seems like she dont want to miss the train to grab some profit then quickly lodge the caveat.

Just with the reasons above, the husband can challenge the validity of the claim (in this case, the caveat) by the ex wife. His divorce lawyer should be very well versed in this. If the wife can prove that the house was acquired during their time together and that she has contributed to the purchase of the house only can she claim partial ownership. But having said that, unless the vendor has failed in his obligation to pay matrimony to the ex wife, then she could lay claim on the property.

This post has been edited by TOMEI-R: Mar 23 2018, 12:06 AM

With all divorce cases, when love is gone .... money comes into picture.

Exactly

Sorry to necro this thread. But after so long, what was the outcome of your case?