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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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If a couple were married separated but not divorced the

Customer Question

If a couple were married separated but not divorced the husband passes away where does the wife stand regarding the family home that she lives in which is in joint names
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi, was a binding property settlement entered into? or Court orders made by consent or otherwise.. regarding the joint marital assets? including superannuation?

I assume not. Please let me know if my assumption is wrong.

If there is no binding property settlemento, what does the Husband's Will state?

Is the property jointly held as joint tenants or tenants in common? if you do not know, the title to the property will tell you this..

I await your responses, and will complete the question tomorrow if that is OK?

Kind regards,

James

Customer: replied 1 year ago.
no binding property settlement entered into
do not know what will states
property jointly hels
Expert:  Brisbane.Lawyer replied 1 year ago.

As I mentioned above, the first thing you need to do is find out how the Property is jointly held?

There are 2 possible ways:

as "joint tenants" - which means whoever survives automatically owns the Property

OR

as "tenants in common" - which means, that the share in the property forms part of your husband's estate, and will be distributed according to the terms of his Will.

This can be determined:

  1. via a search of the Title to the Property, if you do not already hold a copy... or
  2. you can contact the Lawyer who did the conveyancing when the Property was purchased, and they should have this information on file.
  3. or you can search the titles office records online..

Please let me know if you need assistance with this...

Kind regards,

James

Expert:  Brisbane.Lawyer replied 1 year ago.

If the Property is held as "tenants in common", then you will need to look at the Will... again, if you need assistance obtaining a copy from an Executor who refuses to provide this to you.. then let me know, and I can assist.