Good morning
Assisting children to buy a home
With the cost of real estate rising, many children are unable to purchase a home without the assistance of their parents. In my practice, unfortunately, I have come across many instances where parents have invested their superannuation to assist their child to purchase a home have been unable to satisfy the Family Court that the assistance was provided as a loan and not as a gift or in other circumstances could not prove the loan or where the child has made unfortunate financial choices other loans have been paid out ahead of the parent’s loan.In assisting their child, a parent must be aware of the pitfalls that may befall their investment. Unfortunately, it is very necessary when partnerships and marriages do not necessarily have the longevity of previous generations; parents must take protective measures. In providing such financial help it is important to safeguard that investment to ensure that you are later able to recover those funds or safeguard them from your child’s partner or spouse in the event of a relationship breakdown. Without a properly drafted agreement, you well may be unable to recover your money six years after providing the funds. The Family Law Act 1975 now covers not only married couples but for those couples in de facto relationships greater than two years duration. With a properly drafted agreement, you are able to set out a legally binding agreement for the return of those funds. Any agreement must set out the following:
早上好
帮助孩子买房
随着房价的上涨,许多孩子如果没有父母的帮助就无法买房。 不幸的是,在我的经历中,我遇到过许多这样的情况:父母将退休金投资于帮助他们的孩子买房,却无法使家庭法庭确信,援助是作为贷款而不是作为礼物提供的,或者在某些情况下,不幸的是孩子已选择在偿还父母贷款之前先偿还完所有其他财政贷款。在帮助孩子的过程中,父母必须意识到他们的投资可能遇到的陷阱。不幸的是,在伴侣关系和婚姻不像前几代人那样长久时,父母有必要采取保护措施。在提供这种经济帮助时,保障投资是很重要的,在你孩子和孩子的伴侣或配偶关系破裂时,以确保你能够收回这些资金。如果没有起草适当的协议,你很可能无法在提供资金六年后收回你的钱。1975年的《家庭法》现在不仅包括已婚夫妇,而且也包括那些事实上关系持续两年以上的夫妇。有了一份适当起草的协议,你就可以为这些资金的返还制定一份具有法律约束力的协议。任何协议必须规定以下内容:
- how and when the money must be repaid;
- the interest rate; and
- the purpose for which the money is being loaned.
早上好
- 如何以及何时必须还钱;
- 利率;以及
- 借钱的目的。
If you or anyone you know needs such assistance regarding a loan agreement in Sydney, NSW, please have them contact JCL Legal so that I can discuss their particular requirements with them.
