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Hi can u pl help me My partner of 14 yrs currently not living…

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Hi can u pl help...
Hi can u pl help me? My partner of 14 yrs currently not living with me is conscidering to move in with me again.He has asked me to look into doing a prenup which is fine in relation to personal assets. He does not wish to be left homeless should I die before him.He has no financial asset to bring into the relationship & has no intention of contributing to the mortgage as he is not able to do so financially.It is not likely that he could even take over the mortgage to enable him to stay living in the home.
1 Is there a solution
2 How do I protect my asset re the property
3 I have 4 children who will inherrit my estate
4 I can do a living will to leave him a percentage but it wouldn't be enough to buy
himself a home. He is 66 years old. I am 59 years old.
5 If he were to die before me do I have the right to delete him from my will.
6 I have no supperanuation the property is my supper so to speak
7 He has a small amount of supperanuation which I think if we were married I
would have a right to but I'm not concerned if I don't get any of it. It probably
would have to go towards funeral costs.
He sold his property 10 years ago to move in with me but sadly he but the proceeds
into the stock market & lost 300 of his 400,000 dollars lost the other 100 too.
This was back in 2001 I think it was when the market crashed.
He did help me financially with approx $30,000 when I built my home in finishing it off,
which was appreciated. I have since given him $10,000 back.
Hense I would be consciderate of this in leaving a percentage in my will say 10%
He has two children & two adopted indian girls.
1 Can they have any financial claim with me over money if he does live with me
2 If so how can I protect my assets

Sorry I tried to explain this best I can it seems all too complicated & I really would like us to be able to resolve the above issues so we can move on.
Thankyou kindly Casey
Submitted: 8 years ago.Category: Australia Law
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Answered in 11 hours by:
6/23/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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[QUOTE] 1 Is there a solution 2 How do I protect my asset re the property 3 I have 4 children who will inherrit my estate 4 I can do a living will to leave him a percentage but it wouldn't be enough to buy himself a home. [/QUOTE]
There is no problem with him moving in and having a place to stay for the duration of your life. Usually men die before their female partner's according to the statistics.

But if you want to, you can leave him a share of your estate in your Will, although that will diminish the share your 4 children would get.

Your bigger problem is that after two years of him living with you, he can bring a de facto claim against you if the relationship sours. What you need to do in order to protect yourself from that happening is enter into a Binding Financial Agreement with him. These agreements are recognized under section 90B of the Family Law Act (Cth).

Provided that the requirements under the Family Law Act are complied with when drafting this agreement, including having both you and your partner receiving separate legal advice and your solicitors signing a certificate which is attached to the agreement, then the agreement will be enforceable upon your separation should that occur.

Without this agreement you risk your partner making a property splitting application to the Court where you could be taken to the cleaners to use an old expression.

Obviously you would need a family law lawyer to assist with this, but I may be able to recommend a good solicitor who could help if you want a recommendation. Just let me know if you're interested.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

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Customer reply replied 8 years ago
Relist: Hi sorry but I don't feel the answer was of much if any help it only generalised countering the questions I asked. I was looking to seek what other options I had & how to go about them.
If this is not possible then it is best I decline from any further response & have my deposit refunded. Kind Regards Casey.
Hi sorry but I don't feel the answer was of much if any help it only generalised countering the questions I asked. I was looking to seek what other options I had & how to go about them.
If this is not possible then it is best I decline from any further response & have my deposit refunded. Kind Regards Casey
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Option #1 - You do nothing, the relationship breaks down - a de facto claim is made against you, and you pay your de facto partner a property settlement.

Option #2 - You have your lawyer prepare a Binding Financial Agreement, the relationship breaks down - no de facto claim gets made against you.

Those are your two options here.
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