Hi Everyone,
Can someone with a law degree give some insight for the one below?
Partner A has bought Partner B a small flat for gift, fully paid using part of the equity from another property which both partners are joint tenant, legal documentations are all done properly including Gift Of Deed from Partner A to Partner B.
At the time of divorce, can Partner A ask for the small flat back from Partner B?
Western Australia based.
Thanks many
+1
Why would you ever give the whole apartment over?
Assume there's a high change of divorce, & arrange
your affairs to -keep- what you've brought to the
marriage in your name (unless there are other trade-
off's to consider).
"Show me you Love me, by Giving" would raise suspi-
cion in my mind, especially early-on.
(Former marriage councillor R Mannis Friedman states
~marry for the person, No Thing(s). Be intimate w/
the person, No Thing(s). He includes love & money,
etc. as "things")
PS In Sweden, I met a couple, buying a house there
together. 'dunno why, but he didn't quibble about
(planning to) put it in (only) his wife's name.
It was only after I first learned of the imbalance
(& had a quiet word with him to convey my thoughts
on the plan), that he got his name added to the
deed. I'm pretty sure that both names were on the
mortgage/loan.
She was noticeably cooler to me after the change,
but I didn't suffer as much as my friend would
have, ie, if they were later to divorce.
BTW, IANAL…
It actually hurts me having to read what you say.
Interesting read, is this more for the Australian or the USA as it ends with .com rather than .com.au
Looking at the About link at the bottom, it's clearly US based.
Not a Lawyer, but I watched Season 2 of Suits -
In law you can ask for anything. It's the responses of the other parties that you can't control. Assuming Partner B is agitated, the lawyers on both sides will look forward to all the chargeable bill hours… until both parties come to a compromise.
Assuming Partner B is agitated, the lawyers on both sides will look forward to all the chargeable bill hours… until both parties come to a compromise.
Or until both parties loose all of their money due to paying those lawyers
That money was too loose anyway for them to lose it.
I've watch 4 seasons of suits and I agree, just set up a deposition and sue there arses off
You'll find it pretty hard to set up a deposition… in jail…
There where?
You've been Litt!
God damn
I use to watch The Practice and loved it. Hopefully suits will be good also:)
Suits is awesome.
Harvey is hot
So is Rachel
Thats my legal advice
Also from Suits, and season 2 that is, if you get a really nice fake but talented lawyer with photographic memory, he will give you very nice and helpful advice at minimal cost.
And it is obviously what the OP is doing here, and they must definitely have watched at least 2 seasons of suits lol
Can't wait for season 8 part B
I have post-grad psych degree.
Why do you feel the need to give an apartment to someone?
I'm married to someone who has a post-grad psych degree and I bet that OP is partner B, not partner A as you have assumed :p
Tax dodgy. :D
Probably doesn't spark joy anymore
In a divorce, you are strongly encouraged to mediate between yourselves. Yes you can 'ask' but the answer can be no.
If mediation fails then all assets' values are pooled then divided between the 2 parties and the lawyers.
Good advise
I'd suggest: Try to bring a fair-minded & trusted-friend,
from each side, to an -initial- "divide the loot" meeting
at home (or in a room you can use, privately, in a Library?)
(with No Lawyers) & see if your can Agree on a fair division
of property + super(s) + etc.
Let the lawyer(s) do the mechanics, based on your agreement.
IANAL
I don't think the lawyers would understand your poems.
Also, you forgot the space between the "I" and the "A".
Also, you forgot the space between the "I" and the "A".
LOL
They may take into account what you brought into the marriage (like the house, or an inheritance), but the longer you are together the less that matters in a fair distribution of assets.
What you can do in most cases is negotiate the split. So even if you split everything half and half, you could determine the value of thier part of the property and negotiate that you get the flat and they get extra money, the car, etc. If you can't agree on that they will normally have to sell the house and split the money.
Thanks, good advice.
Partner A and Partner B should see Lawyer C.
Don’t forgot and Lawyer D respectively. As only having one Lawyer is a conflict of interest.
Who's name is on the title?
Only Partner B's name is on the title.
Partner A and B (both name) is on the second house.
Partner A still have a lot of assets like super, shares, property, high value sports cars and very limited edition paintings (say the paintings alone is worth $500k) etc. Partner B only have limited assets.
What do you think would be fair?
p.s: I didn't neg you.
I would say it will be fair that Partner B gets the Gift house and half the other house in the joint name and maybe some cash. Not sure about collections, or super or the business Partner A owns.
Maximum tax dodgyness level achieved
So what part did the government play in all of this that they a) haven't already been paid for and b) actually deserve to profit from this couples hardships?
See s13 of the gift act; Indian giving.
Why on earth do people seek legal advice here?
Whirlpool forums took a dump, and OzB is mouth wide-open.
Just want to get a general idea first.
I usually go to /r/auslegal and await the response 'ask a lawyer'.
Please google what a gift is.
If it was a gift B has a strong chance of keeping the flat.
You have to take into account the whole distribution of assets accumulated together also
Thanks, I will ask them to see a lawyer.
Distribution of assets in a divorce is pretty complicated, the flat would be part of the distributed assets pool and would be difficult to say who would get it.
Thanks everyone for the comments, looks like this topic is best with the seeking of the professionals.
Mods, please close this topic.
Thanks many
No one here could give you a completely correct answer, even if they are lawyers. The reality is it depends. Depends on the court, Depends on length of time married, Depends on assets of each party and what they brought to the marriage, depends on reason for the gift, depends on financial situations of both parties. You can ask for anything and say no or yes to anything but in the end it comes down to what the courts will enforce if there is a disagreement.
Why would you give a gift if you were ever going to ask for it back?
Who is the divorcee? Partner A or Partner B?
I always thought that legally it would be 50/50 split of all assets as long as you live together long enough, which you might be able to negotiate a slightly larger split 55/45 or 60/40 depending if other party agrees vs ongoing legal costs that might be bulding up.
Thread closed, as requested by OP.
You can ask. Whether you'll get it is completely different.