Family Trusts Can Protect From Divorce or Separation

Good on you! You've managed to buy a house. Yourbetween them. Finally, David told Samantha he was
initial thoughts are to become a property investorleaving. If that wasn't bad enough, David wanted the
where you can build up the equity in your home andhouse sold and half the sale proceeds so he could
use that equity to leverage yourself into otherpurchase a home for himself.
properties and increase your wealth steadily overSamantha didn't think this was fair. The home they
time.now had was mainly paid for by the sale proceeds
At the time you purchased your house, a family trustshe'd got when she sold her parent's old home. David
was not at the top of your mind. Protecting yourdidn't see it that way and the battle between the
assets seemed boring and something you could getlawyers began.
to 'later'.Eventually, Samantha and David settled their
But the fact is, that life events like a relationship splitdifferences in Court. The Judge ruled their home had
can not only be emotionally damaging, but financiallyto be sold and the sale proceeds had to be split 50 /
damaging too.50.
Look at this story below to illustrate.The Judge said that Samantha had 'intermingled' the
Samantha hadn't had an easy time of it lately. Bothsale proceeds she'd got from her parent's old home
her parents had died in the last couple of years andto the point where those proceeds had become
she felt quite alone. The only silver lining in the black'relationship property', which was to be split evenly
cloud was that she no longer had to worry aboutbetween them.
money.The result of this sorry story was Samantha not only
Her parents had left her their house and their lifelost her marriage but in effect lost her matrimonial
insurance had paid off the mortgage so she had ahome and her inheritance from her parents.
pretty good start in life.How could this awful outcome have been avoided?
Black clouds don't last forever. Samantha finally metWell we aren't in the business of marriage guidance
the love of her life and she felt like the luckiest girl inbut we do know that taking good asset protection
the world when David asked her to marry him.advice and putting in steps to protect her parents'
Things went well over the next few years for them.home and the resulting sale proceeds would have
They had two lovely children and sold Samantha's oldsaved Samantha's inheritance.
family home and bought a new one for them all toThat means setting up a family trust.
live in.The small cost of doing this and the tiny amount of
Then events started to unravel. First, David lost histime required each year to administer a trust is small
job. Then when he got another job he seemed tocompared to the risk and possible life events that
work really long hours. Things became strainedcan occur and affect your life for the worse.