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The tough decision these parents are making to protect their family’s wealth from divorce – even though their youngest is only NINE… and the children won’t get any inheritance if they refuse to play ball

Ruby McLellan earned the title of ‘Australia’s youngest landlord’ after getting her foot on the property ladder at just eight years old.

She and her two older siblings, Angus, 15, and Lucy, 13, bought a four-bedroom home in Clyde, Victoria, two years ago for $671,000. Assuming they hold the home for another ten years, it is estimated to grow in value to $1.8million.

The McLellan family claims the children scraped together money for the deposit by saving up their pocket money instead of buying lollies or toys.

It’s certainly an achievement – but with home ownership comes responsibility for the youngsters, whose overprotective father Cam fears they might one day lose their hard-earned investment in the event of a divorce.

So despite the fact Ruby is only nine and her siblings are teenagers, the 50-year-old father-of-four has made his three youngest sign an agreement to get prenups before getting married or moving in with a partner.

Cam knows that by doing this he is making himself ‘the bad guy’ – but having seen how divorce can deplete a family’s wealth, he wants to make sure a prenup is guaranteed. He says it ‘takes the burden off my kids when it comes to having difficult discussions with their future partner’.

For most couples, a prenup is a choice they make together; but for the McLellan children, it is a legal obligation which, Cam believes, will make things ‘less awkward’.

Cam, who is the the CEO of property investment company OpenCorp, admits some people might view his tactic as ‘too controlling’, but he firmly believes he’s setting his kids up financially. 

Cam McLellan’s (centre) three youngest children, Ruby, nine, (centre right) Angus, 15, (right) and Lucy, 13, (second from right) bought a four-bedroom home two years ago for $671,000. Because he fears they might one day lose their investment in a divorce, he has made them sign a contract saying they will get prenups before marrying. His eldest daughter, Hannah (left), who will turn 18 in March, is saving for a deposit for her own home. Cam admits it took some convincing for his wife Felicity (second from left) to get onboard with the idea

Ruby, dubbed 'Australia's youngest landlord', is pictured outside the four-bedder she has co-owned since $671,000. Since buying in 2021, the property has grown in value by $289,000

Ruby, dubbed ‘Australia’s youngest landlord’, is pictured outside the four-bedder she has co-owned since $671,000. Since buying in 2021, the property has grown in value by $289,000 

The children can’t access any profits from the home to buy designer handbags, a new car or to travel the world. And even if they get married, the money from the property is only for them, not their spouse. The only way for the funds to be released is if it’s being used to buy another property.

If one of his children chooses to marry or co-habit with a partner without a prenup in place, they will no longer be able to profit from the investment home and they will also be excluded from their inheritance. The property is currently held under a family trust which Cam controls and his children are the beneficiaries. 

The four-way agreement states that in order for Ruby, Angus and Lucy to receive any benefits or funds from the trust in future, and if they’re in a relationship or living with someone, they need to sign a prenup with their partner. There are no exceptions.

Cam says he had to convince his ‘old school’ wife Felicity that the agreement was a good decision for their family. 

‘Felicity and I think very differently about prenups. She’s more emotional and doesn’t want to talk about it, whereas I’m a bit more realistic about how a lot of marriages end, so you should plan for the worst case,’ he says.

‘I told her the same thing I told the kids – it’s about making it fair. One failed relationship can negatively impact the other siblings. So we needed a mechanism put in place to ensure they’re protected. 

‘You don’t want to hook up with someone and realise they have $50,000 in credit card debt they haven’t paid off.’

If one of his children chooses to marry or co-habit with a partner without a prenup in place, they will no longer be able to profit from the investment home and will also be excluded from their inheritance. The property is held under a family trust which Cam controls and his children are the beneficiaries (Pictured: the McLellan family on a family holiday in New York City)

If one of his children chooses to marry or co-habit with a partner without a prenup in place, they will no longer be able to profit from the investment home and will also be excluded from their inheritance. The property is held under a family trust which Cam controls and his children are the beneficiaries (Pictured: the McLellan family on a family holiday in New York City)

Ruby previously said it's 'pretty cool' being a landlord

Ruby previously said it’s ‘pretty cool’ being a landlord 

According to the Australian Bureau of Statistics, 30 per cent of marriages in Australia end in divorce. Cam took the statistics seriously when formulating his plan to protect his children if the worst were to occur later in life.

‘I hope it doesn’t happen but, in theory, at least one of my children will break up with their partner based off the statistics,’ he tells me.

The agreement covers ten clauses – asset division, debt allocation, inheritance and family property, spousal support, protection of business interest, estate plans and children from previous marriages, retirement benefits, guidelines for conflict resolution, lifestyle clauses, and full disclosure of assets and liabilities.

The property, spanning more than 200sqm, is positively geared – meaning the rent is higher than the mortgage repayments. This means it doesn’t cost the family ‘anything’ to hold it.

The home needs to be positively geared, Cam explains, because his children don’t make any money to contribute. Negative gearing also isn’t an option for properties held in a trust.

Cam hopes that by the time Ruby is 18, all his children will be set up financially

Cam hopes that by the time Ruby is 18, all his children will be set up financially

WHAT’S INCLUDED IN THE AGREEMENT?

The financially binding agreement, or prenup template, includes: 

Asset division: This specifies how the property and assets (both jointly owned and individually owned before marriage) will be divided in case of divorce. This can include real estate, bank accounts, investments, and personal property.

Debt allocation: Details each person’s financial responsibilities for debts brought into the marriage and any debts incurred during the marriage.

Inheritance and family property: Protects family heirlooms, inheritances, or family businesses that one spouse wants to keep separate.

Spousal support: Determines whether either spouse will receive support and, if so, the amount and duration, especially if one partner will pause their career or be financially dependent during the marriage.

Protection of business interests: Important for individuals who own a business; this prevents the spouse from claiming an ownership interest in the business upon divorce.

Estate plans and children from previous marriages: Protects the inheritance rights of children from previous marriages and aligns with the estate plans of each spouse.

Retirement benefits: Specifies how retirement accounts, superannuation, and other long-term savings will be managed in the case of a divorce.

Guidelines for conflict resolution: Includes terms for resolving future conflicts, such as agreeing to mediation or arbitration instead of court.

Lifestyle clauses: Includes lifestyle clauses, such as agreements on responsibilities, pet ownership, or even behavioural expectations, though these are often unenforceable in court.

Full disclosure of assets and liabilities: To be enforceable, both parties must fully disclose their financial situations, including all assets, liabilities, income, and expenses. 

For those considering prenups, Cam says it doesn’t have to be complicated. 

‘You can write a prenup over a couple of pages. It doesn’t have to be a huge template. It simply specifies the assets that were brought to the relationship and how the assets will be allocated should the relationship end,’ he says.

‘It stops things getting nasty down the track. Who knows, one of my kids might hook up with someone who’s incredibly wealthy – it works both ways. It’s about being fair.’ 

The family will keep the property until Lucy and Angus are at least in their early twenties, which will mean they’ve waited one ‘full growth property cycle’ and hope it will reach $1million.

Once sold, the children will receive an equal portion of the profit after tax.

‘Historically, every seven to ten years property doubles in value. I’ve been investing for 30 years and now is a great time to invest based on inflation decreasing and the prediction of interest rate drops,’ Cam says.

The family will keep the property until Lucy and Angus are in their early twenties, which will mean they've waited one 'full growth property cycle' and hope it will reach $1million

The family will keep the property until Lucy and Angus are in their early twenties, which will mean they’ve waited one ‘full growth property cycle’ and hope it will reach $1million 

Cam hopes that by the time Ruby is 18, all his children will be set up financially. 

The strict father essentially acts like an in-house bank – the agreement states the children need to prove they have financial literacy skills, don’t use ‘buy now, pay later’ services and also don’t have any credit cards.

‘I told each of them I don’t care what job you do or what you get into. You can’t come work for me but I’ll teach you to be the smart investor. This property can’t be touched for at least another ten years,’ he says.

‘I told my oldest daughter, Hannah, who will be 18 in March, it’s worthwhile saving for a deposit for her own home since she’s the oldest.

‘I want to see that they’re all capable of budgeting and saving their money.’ 

In just over two years, the property has increased by $350,000 and the family is considering using that money to purchase another home. 

When it comes to choosing real estate, Cam utilises a three-step guide – find the right market, area and property.

‘Successful investing is a formula – that’s all it comes down to,’ he explains.

‘When I first started it felt like driving a car blindfolded – there was no internet, no information and no one to talk to.’

After buying his first property he put everything he learned into the book ‘My Four Year Old, the Property Investor’ which became a bestseller.

Cam’s advice for  young Aussies is to get into the market as soon as possible, even if you’re renting. He also recommends finding a mentor who has been successful in buying and selling property.

Can a minor own property in Australia?

1. How old do you have to be to own a house in Australia? According to Australian Law, anyone under 18 years of age can own and purchase a property with their name in the house title.

2. Can I buy a house for my child in Australia? Yes, it is legal to purchase a house for a child, even if they are under the age of 18. The title deed will need to state that the owner is a minor.

3. How do I add my child to the house title? To include your child’s name on the title to your house, they will need to have an interest or share in the property. 

This means that you will need to complete and lodge a series of forms with your local Land & Property Information Office. Please contact your property solicitor or conveyancer for further information about this process.

Source: Owen Hodge Lawyers 

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