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NSW De Facto - What are My Partner's Children Entitled to?

Discussion in 'Family Law Forum' started by BelT, 29 March 2015.

  1. BelT

    BelT Member

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    Hi, I am in a de facto relationship. We have just purchased property and plan on building a house. I'd like to know what my partner's 4 children from a previous marriage would be entitled to if he was to pass away, or if we undergo aseparation. I am putting a lot more money into the property initially than he will be.

    Thank you.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    It depends what type of arrangement that you have purchased the house under, either a joint tenancy or a tenancy in common.
    The most common form of joint property ownership is joint tenancy. This means that your partner cannot devise his interest in the property to someone else while you survive. That is, if he dies the property automatically passes to you and vice versa.

    If you are tenants in common then your partner can pass his share in the property to whomever he likes in his will.
     
    Sophea likes this.
  3. Sophea

    Sophea Well-Known Member

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    Yes, as Ivy commented, if you are joint tenants, his share of the house won't even come into his estate - it will go straight to you. If you are tenants in common, it will go to whomever he directs in his will, otherwise in accordance with the rules of intestacy which will usually be to spouse / children.
     

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