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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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My partner drink drives. How can I protect myself from any

Customer Question

My partner drink drives. How can I protect myself from any debt or litigation his actions may incur?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

You simply need to keep your assets separate from his, so don't hold your money in joint accounts for example.

Under Australian law a spouse or defacto partner is not responsible for the debts or liabilities incurred by their spouse, unless they have either explicitly agreed to, or somehow contributed to the spouses behaviour, so ordinarily, if your assets are separate, creditors of your husband can only claim against his property and not yours.

If you own a house together, be aware though that although your share of the house may not be claimable, if they claim his share, they can potentially force the sale of the property to recover this share.

I trust the above assists.

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