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How to fix property investment ownership to be secured in case of death or divorce

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lawcurs

Junior Member
Hi,

I married my partner 2 years ago in California however we're both Israeli citizens living in Australia. We've been together for over 15 years, sharing a bank account for about 10 years.
We both some properties in the USA but as we are not citizens, the properties are:
1. one property is on my partners father name
2. one property is on my partners father name and will be given as a gift to my partner
3. other properties are registered to a USA company (joint venture) owned by my partner and his father

All properties were bought using our common money.

My concerns are that in case of my partners death or in case of divorce I will lose all my savings as I cannot be added as an owner (or can be added by paying a lot of taxes/loans which I cannot afford now).
I've been told one option is to sign a contract between me and my partner here in Australia to state that these assets are common.

Any ideas how I can ease my concerns of losing all my savings in this complicated situation?

Thanks a lot for your time and help!
 


stealth2

Under the Radar Member
We deal with US law only. What you can or can't do in Oz? Best to consult with counsel there.
 

lawcurs

Junior Member
We deal with US law only. What you can or can't do in Oz? Best to consult with counsel there.
Thanks stealth2. The properties are in the USA and we got married in the USA. I believe US law applies in this case? We are not Australian citizens and we may move to the USA in the next couple of years.

Also the main issue is that properties are on my patners father name (the father is a US citizen) and I'm looking for a way to have a hold of the property in case he passes away or I get divorced from my partner.

Thanks again
 
Last edited:

Zigner

Senior Member, Non-Attorney
Thanks stealth2. The properties are in the USA and we got married in the USA. I believe US law applies in this case? We currently live in Australia but we may move to the USA in the next couple of years.
For the questions you are asking, the laws of your country apply.
 

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