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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Australia Courts and their powers to decide on the basis of

Customer Question

Australia
Courts and their powers to decide on the basis of what they think to be 'fair and just' and commonly the final wishes of people are not respected, plus confusion laws:
Husband and wife happily married for almost 20 years - No children.
Husband has children and step children from his previous marriage.
How to best protect the wife in terms of property rights not be contested by the children if happens that husband passes away before the wife? Wife is studying and despite not being officially working strong supports the husband, emotional, professionally and looking after their affairs.
1. having the property under her name only? Could it be argued later that the property was not paid by her as the husband was the one 'officially working'?
2. If this could be the case, what about a formal donation from the husband to the wife in life?
3. what about a conjoint ownership between husband and wife? (hear cases where the courts did not consider as such)
4. Trusts structures? if so, how complicated and how safe?(seems no longer to be what they use to be)
5. Any other suggestion ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The property is in the wife's name?

Are you asking about when the husband passes away or in Family Law for a property settlement?