Recent content by Clarion

  1. Clarion

    Can a property be held with a family trust as "joint tenants"?

    Wylie, I was about to post a reply (bearing in mind that we are a couple of hours behind you here in WA) suggesting that whilst, in theory a trust could be a joint tenant with an individual, it is not a very sensible way to do it. However, RPI beat me to it and I agree with his views that it...
  2. Clarion

    Trust Problems

    Just re read the thread and note you said "Trust already in place." (and also "that didn't intend to use it"-not sure what the means -'intended to use it?") doesn't matter - just means that your explanation at item 1 of the form changes to words along the line that "unintentionally omitted to...
  3. Clarion

    Trust Problems

    Save yourself the $5k. You could fix this easily: 1)make sure you have a valid trust drawn up before you do anything further; 2) Write up a new contract (Offer and acceptance) on the same terms as the old one (and get everyone to sign and the agent to confirm in writing that he only wants one...
  4. Clarion

    Can a property be held with a family trust as "joint tenants"?

    A trust can be a joint owner of property. However, the existence of a trust is not disclosed on the title (the Land titles Office) does not permit this. The trustee of the trust may be an individual, a number of individuals or a company. If the trustee of the trust dies, the trust's interest...
  5. Clarion

    protecting ppor once it was bought in ones own name

    As I read it, he is not out of the woods yet.. the Bankruptcy court gets to reconsider from time to time whether further incarceration may persuade him to "turn over" the assets.. You have got to say, the Yanks love the idea of locking somebody up for as long as they can. In Australia, only if...
  6. Clarion

    Splitting up, who gets the equity

    And just an addendum to the last post "they are no most likely" should be "they are most likely. The exception is "serious injustice': see FAMILY LAW ACT 1975 - SECT 90SB When this Division applies--length of relationship etc. A court may make an order under section...
  7. Clarion

    Splitting up, who gets the equity

    Jiggly Puff is spot on the money... Basically, you are a de facto if you are "living in a marriage like relationship" (see the factors listed in Piston Broke's post.... No one factor is preferred above the others... you have to look at all the facts. However, given your friend and her...
  8. Clarion

    Finance Clause REIWA Joint Form of General Conditions

    I would like to bring to the attention (of anyone who may be interested) of problems that may arise using the standard REIWA Contract for Purchase by Offer and Acceptance containing a "subject to finance clause". The current version (not sure exactly when it came into effect, but current as of...
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