TAS Transfer of title to minor.

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Bradley

Member
27 December 2017
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Hi my wife and I have separated a couple of weeks ago and have spent Xmas thrashing out a settlement . As part of the deal I want to transfer the title for a house and acreage in Tas. Which is in my name into my wife and two children’s name. My daughter is nineteen but my son is only seventeen. Will it be legally possible to do this as a part of our separation? Once the holidays are over I will contact a solicitor for an answer but in the meantime can someone supply an answer please ? Also as we have just started to work out a financial agreement and have not had any professional advice yet , just what we have been able to glean from the net , I am still not sure if we can have our agreement finalised legally before the twelve month separation period , or if we have to wait twelve months from the beginning of the separation. Can we be legally separated without a divorce ?My wife is a Catholic and does not want a divorce. The process to a couple of newcomers seems incredibly complex and murky , what a headache , especially at Xmas , funny how the holidays bring this stuff to a head , happy Post Xmas and New Year everybody !
 

sammy01

Well-Known Member
27 September 2015
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asset division must be done within 12 months after divorce... Divorce is the real problem... See in 10 yrs time, you will have moved on, you are living happily with a really nice lady. etc etc ... But you will be legally married...

AS to putting the Tasmanian house in 17yr old son's name? not sure...

You can do a binding financial agreement - and stay married. But it has a whole lot of problems... It can be challenged at a later date....
 

Bradley

Member
27 December 2017
2
0
1
I am about to retire , I am pushing seventy so doubt very much I will want to remarry , my wife won’t because she is a Catholic.... having read about the BFA it seems like the best bet if we can agree. I will be left with almost nothing so she won’ be challenging it , I won’ t be either so it still looks like the best deal , I am still googling about the minor child being on the title , Thanks for your input.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Gift it to son and name yourself as trustee until he's 18. Or just wait till he's 18. I don't know Tassie law on minor's owning property.

Can we be legally separated without a divorce ?

Yes

not had any professional advice yet

You will need legal advice if the agreement is to have any kind of legal validity.
 

Arche

Well-Known Member
20 March 2015
114
11
419
Property settlements are between spouses, not to deprive a spouse by giving it to a child.
Transferring property to a trust will incur stamp duty.