During a separation, changes can be made to a property’s records - like adding a new home loan or starting a transfer. Those changes are recorded on the land title. If you’re worried about something happening without your knowledge, the plan is simple: get the facts today, keep watch, and use the right tool at the right time.
This article is general information, not legal advice.
Quick summary
- Get today’s title and turn on monitoring
- Ask your bank to note “no changes without my written consent”
- Book a short consult with a family/property lawyer
- Use the right tool if needed: priority notice → caveat → court injunction
- Finalise the settlement (Consent Orders or a Financial Agreement)
- If you already use Home Shield (Title Check alerts), we’ll email you when something is recorded. If not, set up alerts so you hear about changes promptly.
1) Get organised and get the facts today
Why this matters: you can’t decide what to do until you know what’s already on the title.
Do this now:
- Get a current copy of the title (shows owners and recorded dealings such as loans and notices).
- Create one folder for everything: the title PDF, emails from banks or agents, and your notes.
- Write a short timeline: dates, who said what, and any documents exchanged.
What to look for:
- Who is listed as the owner?
- Whether a home loan is recorded, and if anything was added or removed recently
- Any notices on the record (for example, a priority notice or a caveat)
Keep watch:
- If you already set up alerts with Home Shield, we’ll email you if a new dealing is recorded (for example, a new or removed home loan, or a recorded notice).
- If you haven’t set up alerts, turn on title change alerts now so you’re notified when the registry records something new. You can arrange this yourself or have us set it up.
2) Put a note in the file with your bank
Goal: slow down changes and force manual checks.
Phone script:
“Hi, I’m a co-owner of the property at [address] and co-borrower on the loan ending [xxxx]. I’m going through a separation. Please add an internal note that no changes or new loans are to proceed without my written consent. Can you email me confirmation of that note today?”
Follow up: save the confirmation email in your folder.
Reality check: this isn’t a legal block, but it often prevents a rubber-stamp refinance.
3) Speak to a lawyer (short consult)
Purpose: choose the right step below and understand timing.
Bring: your title PDF, your timeline, and any bank or agent correspondence.
Ask:
- Should I lodge a priority notice now, or is a caveat more appropriate?
- If something is imminent, do we have grounds for an urgent injunction?
- What’s the fastest path to finalise the settlement so the risk goes away?
4) Priority notice (short-term flag)
What it is: a time-limited notice that you intend to lodge a formal dealing (for example, an agreement or order).
Why use it: can reserve your place in the queue and reduce the chance of a conflicting deal being registered ahead of you.
Good for: buying time while documents are prepared.
Limits: it’s temporary; you must follow up with the intended dealing within the window. Get advice on fit and timing.
5) Caveat (only if you have a legal interest)
What it is: a notice that you claim a legal interest in the property. It can block many changes from being registered until it’s resolved.
When it fits: your lawyer confirms you have a caveatable interest (this depends on your circumstances).
Upside: often stops new loans or transfers from being registered without addressing your interest.
Watch-outs: lodging without a proper basis can have cost consequences; if challenged, you may need to respond quickly. Get legal advice first.
6) Court injunction (urgent protection)
What it is: a court order that restrains certain dealings (for example, adding or changing a loan, or transferring the property) without consent or until the court says otherwise.
When to use: there’s a real, immediate risk - such as a refinance or transfer about to proceed.
Speed: lawyers can seek urgent interim orders where appropriate.
Effect: disobeying an injunction has serious consequences.
7) Finalise the property settlement
Two common paths:
- Consent Orders (filed with the court by agreement)
- Binding Financial Agreement (a contract with independent legal advice for both parties)
Why this matters: turns temporary protections into a final, enforceable outcome - who keeps the home, who pays what, and timelines. Titles and loans are then updated to match the agreement.
Red flags that mean act sooner
- You hear about a new loan, refinance, or discharge being processed
- A priority notice or caveat appears on the title, and you didn’t expect it
- An agent is engaged or a contract is circulating, and you weren’t told
First moves: bank note + lawyer consult today. Ask whether to lodge a priority notice or caveat, and whether an injunction is needed.
What alerts will and won’t tell you
We watch for changes recorded on the title - new or removed home loans (including refinances), ownership changes, and recorded notices like a priority notice or a caveat.
We don’t watch bank credit checks or approvals, settlement dates, or anything not recorded on the title.
