how can property be protected from insecure relationships/marriage

if one wants to purchase a property, but is in a relationship or marriage that might not be secure long term,
what are the choices to have some security for what they are bringing into the relationship or had before the marriage started.
prenupt?
legal document
property in someone elses name?
. This could be more important for some people eg if someone has a health condition and wont be receiving other inheritances or windfalls, and might be a bit of a late bloomer re career so they are still making their way and its very important that whatever they have is protected.
that is the main questions.

tThere are other issues of where or what to buy also,
or if to rent longer.
it seems that paying a mortgage is cheaper than renting, however they are not sure where they want to live long term.
i guess they'd have to buy something and somewhere that has a high rental demand incase they end up living elsewhere for a few years or more and that hopefully can pay off its own mortgage is rented out.

thank you

 

As I family lawyer, I hate these "how do I have my cake and eat it too" questions about "protecting assets".

If you're going into a long term relationship or marriage, then you're making a pretty serious commitment to a life partnership or sorts. That might involve a fair division of relationship assets if the partnership dissolves for some reason. Family laws are pretty fair in how this is handled.

Weirdly enough, I don't see many questions about to going into a JV and "protecting" your pre-JV assets with a view to short-changing your JV partner. But apparently it's okay in a family law situation?

 

Frankly, I would sort out the relationship first.

 

Rent

 

Maybe OP is asking on behalf of another. Parents often wonder, especially if bank of mum n dad are being asked to contribute.

 

That is a separate issue.
Parental contribution can be protected by the chosen legal arrangement.

 

Marriage re family law overrides any property asset structures so if u bought while married it is effectively a joint asset regardless of the ownership. It is noted what was owned prior to a relationship.

 

Stay single..

 

“Hide your assets”

 

Out of curiosity, say you own a 50mil portfolio prior to marriage. Then meet someone, get married 12 months later. She has no assets. Divorce 2 years later. Does she get half your assets?

 

Of course not. Ridiculous.

 

That's what I thought makes sense. There's this common perception though (at least I thought it was) that once married, if divorced, all assets get divided up.

 

All assets are on the table. Maybe that's the confusion.

But how they are divided up is mostly a function of how the assets got there (or stayed there), and then secondarily about which spouse has future need of finances.

 

LoL Typical lawyer that only sees what's convenient as there are many more of these Qs than marriage ones on this board.

Your question seems to have 2 distinctive issues.
1. is in a relationship
2. had before the marriage started.

A court may see these instances in a different way.

As for the fairness of the family court...pmsl only the laywers and judges getting paid think it's fair.
You can ask thousands of people that have been through it what they think, and you can see thousands of testimonials online.
Even those that amicably separate trying to avoid family court and it's laywers hated the whole process.
Try ringing a family court lawyer or 10 telling them you are amicably separating with a drawn and agreed division done by youselves... they will fob you off unless you go through thier process for tens of thousands.

As for asset protection, well there isn't much and the more the differential in assets brought into the marriage the less fair it's likely to be.
There may be a chance for unecumbered assets held in a safe trust structure well before the marriage.
Otherwise good luck, stay single or find someone with a similar amount of assets.

 

Add a couple of kids then the things go with the person who has kids. Fair and painful at same time. No experience mind you or knowledge......opinion only

 

I mean this whole post just seems like made-up uneducated garbage. The type of stuff you read onthe social media page of a guy named Bazza who lists the "school of hard knocks" under their education.

Nothing wrong with Bazza mind you - until he tries to pretend that he knows more than literal professionals working in the field.

 

It’s a fair question by the OP, but as usual, the thread gets derailed by relationship advice.

 

Yes that's ridiculous.
She gets all of it

 

Who has custody of the children, if there are any, is also taken into account I believe.