How to structure a negatively geared property

[Terry_w]

What would YOU do in this situation?

Get a second opinion!

 

[Terry_w]

IANAL but I suspect that if he was to be sued, the courts would ascertain that since you are married your assets count as joint assets and thus your PPR wouldn't be protected..

This could be true.

If a husband buys a property in the wife's name and pays the deposit and pays mortgage then it is really the husband's property with the wife just holding title. A trustee in bankruptcy would quickly apply to the courts to recognise this and the courts would likely declare that the husband owns 50% or so of the property.

 

[Terry_w]

From memory they can go back 3 years.

Depends on a few things. Was there any with of insolvency, did the purchaser know, was it done with the intention to defeat creditors, was consideration paid, was it paid at market value, related parties etc.