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Answer 1

Answered in 11 minutes by:

6/18/2012

Solicitor: Patrick H., Lawyer replied 10 years ago

Patrick H., Lawyer

Category: Australia Law

Satisfied Customers: 5,422

Experience: Dip Law LPAB - Sydney based lawyer

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If your husband dies then the assets in his name will pass as specified in his will. However, if the will does not make proper provision for you then you may be entitled to make a family provision type claim, whereby the court can effectively alter the distribution under the will to ensure you are adequately provided for.

http://www.austlii.edu.au/au/legis/wa/consol_act/iadpa1972412/s6.html

If he dies without a will, the estate is usually divided between the wife and the children but what portion the wife and children receive will depend on the size of the estate (smaller estate's may go entirely to the wife).

If you end up divorcing at some point, you and your husband's combined property will be divided in accordance with what the court determines is fair. In deciding the court will take into account the extent to which you have both contributed to the family, both financially and non financially (so domestic 'home making' duties are also given considerable weight); the length of the marriage, and both you and your husband's future needs. In long marriages assets tend to be divided more evenly, whereas in short marriages the parties initial financial contributions are often the dominant consideration and the court may 'put the parties' back in their starting position (as much as possible).

I trust the above assists your understanding.

Answer 2

Solicitor: Patrick H., Lawyer replied 10 years ago

It might help a little in the event of his death, depending on what the competing claims are, but it would help more if you held the property as "joint tenants" because in that case the property will pass to you directly (i.e. does not pass under the will) if your husband dies and visa versa.

I trust the above assists.

Answer 3

Solicitor: Patrick H., Lawyer replied 10 years ago

You will need to see a lawyer or conveyancer to make the necessary arrangements. It is also possible that if you and your husband are the listed owners that the property is already held as joint tenants.

If you do need to change the title, then you will need the agreement of your husband to do so.

If you wish to engage a lawyer, contact the Law Society of WA as they can refer you to a lawyer in your area.

http://www.lawsocietywa.asn.au/

I trust the above assists.

Answer 4

Solicitor: Patrick H., Lawyer replied 10 years ago

Normally, when a person dies, all his property forms the estate, which is then distributed in accordance with the will.

Property owned jointly (i.e. as joint tenants) however, is wholly owned by both parties, so that when one dies, their property simply ends and the other party then wholly owns it. It does not pass into the estate and is therefore not distributed in accordance with the will.

So, if you and your husband own the home as joint tenants, and one or the other dies, the survivor automatically becomes the owner of the home, regardless of what is in the will. Though the property will still be subject to any mortgage secured against it.

I trust the above assists your understanding.

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Answer 5

Solicitor: Patrick H., Lawyer replied 10 years ago

Sorry, I note that you have reviewed my answer, could you please click the accept button, or otherwise advise if there is a reason you have not done so?

Hi there, I would like to know my rights in regards XXXXX XXXXX…

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