Never confuse gifts with loans
Property rights login journalist is not necessarily the owner of property rights
From the point of view of law, the title of journalist does not necessarily have the real ownership of the property. Title Log journalist is in many cases recognized as trustee on law rather than as the real owner of the title. If one title journalist transfers the title to another person without benefit or other compensation, law assumes that the new title will be placed as trustee by journalist.
The practical significance of this law principle is that if someone else wants to give you valuable gifts, such as real estate, cars, ships, etc., in order to avoid being returned in the future, the two sides need to sign an agreement. Proof that the property transferred to you is a gift to you.
Gifts between family members
In some special relationships, if the transferor is the property receiver's parent, husband, wife (excluding de facto husband-wife relationship, that is, cohabitation relationship), law will acquiesce that the property being transferred is a gift. In other words, if there is no written evidence that the transferred property is of a loan or trust nature, the law acquires that the property is a gift. If the transferred property is not a gift, the transferor of the property has a duty to prove that it is not a gift but a loan.
In the case of a de facto marital relationship, the fact that the property of the husband or wife to the other party is not a gift on the law, that is, even without a written description of the loan, the property is not a gift on the law. The responsibility to prove that the property is a gift falls on the giver.
Commercial lending among family members
In real life, if a father borrows money to his son to buy a house, if he wants to protect his interests, he needs to make a loan agreement that will make it clear how long the money will have to be paid back and add a ban on the property. These two measures are enough to show that the money is not a gift but a loan. If a father wants to register valuable assets, such as cars, ships, machines, time deposits, insurance, etc., in his child's name and needs to protect his own interests, the father may enter into a trust agreement with the child. The interest in the property is then registered on the Australian personal property rights register. If the father did not do these rebuttal tacit things and later wanted the property or money back, in the event of controversy, the father had a duty to produce evidence to prove that the property or money was not a gift but a loan; In the absence of evidence, the father's rights and interests may not be protected.
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Wang Gang, lawer, Herald Legal, law Consulting vx: heraldlegal3 for Chinese in Australia