NSW The title of property

[RM 89]

Hello
I am in a de facto relationship, however still married. The property purchased in 2006(mortgage free) is under my name currently.
My estranged husband, who also have a partner is terminally ill, and his lawyer advised to change the title of the property to 50-50 ownership with my daughter. This is due to their concern that my partner may claim the title in case of my death. To change the the title, I have to pay the stamp duty of $65000, which I cannot afford. If I intend to leave the title solely under my name, then his lawyer suggested to divorce, which both my husband and I would like to avoid because of even the greater cost. My partner wishes to legally renounce any claim on the property, to avoid any cost incurred and to make clear he has no intention of doing so. My question is this procedure of his renouncement of any claim viable?


Thank you in advance for your advice.

 

[Rob Legat - SBPL]

You might want to look into the possibility of a binding financial agreement. Speak to a family lawyer in your area about this. Both you and the ex will need independent legal advice to create one. It’s not likely to be cheap, but will be a lot cheaper than the stamp duty.

 

[RM 89]

Thank you for your advice, it was most helpful. My separated husband's brother and his lawyer are now appointed as power of attorney, and insisting that the change of title must happen. They are preparing his will on his behalf. (My separated husband has brain tumour, however he is still capable and lucid).I have written a will to say everything including the property will be left for my daughter in case of my death as well. As you suggested, We would consult with a lawyer and hopefully a binding of financial agreement will be sufficient to avoid the change of the title. I cannot understand their point to insist 'this must happen.'it would be such a waste to spend so much for stamp duty just to add my daughter's name. That should go to my daughter! Another question is a will can be prepared by someone?? I thought it is not legal.

Thank you.

 

[Rob Legat - SBPL]

The laws differ state to state, but it's universally held (at least to the extent I know of) that a person cannot make a will on behalf of another person - whether they are an attorney or not. They can give instructions on behalf of the person whose will it is, but the solicitor preparing the will must always make sure it is the true intent of the testator, made without duress.

 

[RM 89]

Thank you for the advice. His brother sent me an email not to involve my separated husband in this matter as he is stressed enough with his illness. But I feel his brother is manipulating the situation, assuming I will inquire whether this is his true intention. I suppose I can talk to him to ascertain this?

Thank you.