TAS My reputation is mud now

[Alicia MN]

My partner took his life in January and left no will. His mother is now attempting to get legal rights over our assets which are solely in his name. We have 20 years and 5 kids together. She is spreading disgusting lies about me. That I'm drugged up to my eyeballs, an unfit mother, a drunk, that I want our stuff simply to sell it. That my partner told her over the past two years we weren't together. She's managed to tell an enormous amount of people which has stopped them acknowledging my existence. Is there anything I can do?

 

[Tim W]

That he took his own life is sad indeed, but it has no negative legal impact
(no matter what anyone says).

You'll need a lawyer to help, but there are two things in play.
The intestacy rules will apply to his estate.
And the law of defamation may well apply to her mouthing off about you.

I suggest a visit to a Community Legal Centre to start with.

 

[Atticus]

In addition to the advice above, you probably have an equitable interest in real estate (under family law) if there is any even though it's not in your name ... If so, ask about taking out a caveat over the property.

 

[Rod]

I agree with @Tim W , you need legal advice.

Unfortunately Family Law cannot assist you with property so you'd be looking advice on intestacy rules.

And have a lawyer write a cease and desist letter re: defamation.

 

[Atticus]

@Alicia MN .... The laws of intestacy are definitely at play, but as you had a 20 year relationship & 5 kids, It's extremely likley that the you have rights under the provisions of the family law act, specifically sections 90Sl & 90SOM dealing with de facto property rights .... If they are relevant to your circumstance, those rights give you an equitable interest in any property you shared with your partner .... My advice to ask about placing a caveat over the property (as it's in your partners sole name) is well worth you doing as a first step.

 

[Rod]

Family Law has no part to play when a person dies UNLESS a court case has already started. Can't start one after a person dies as there is no 'other party'.

See a lawyer. I don't know if Tassie has any State based de-facto law that may assist. I suspect not as intestacy laws are designed to kick in on the death of a person.

 

[Atticus]

Family Law has no part to play when a person dies UNLESS a court case has already started. Can't start one after a person dies as there is no 'other party'.

That’s true of course, but (assuming you are referencing my comments) I wasn’t suggesting the OP should file.

I was only letting her know (in case she is not aware) that regardless of her name not being on the title, being a de facto (depending on circumstances) may give her equitable rights to property under family law. Those equitable rights don’t cease to exist immediately on separation or the death of a partner. ... No harm in letting an OP know of possible options that may help. Under family law, she would have a caveatable interest at least.

If the OP was still in a de facto relationship with the deceased at time of death, then providing no other issues are at play, she would be entitled to the whole of the estate anyway under the Tas laws of Intestacy >> INTESTACY ACT 2010 - SECT 12 Spouse's entitlement where there are no issue

I agree she should see a lawyer

 

[Tim W]

I was only letting her know (in case she is not aware) that regardless of her name not being on the title, being a de facto (depending on circumstances) may give her equitable rights to property under family law.

So far as we can tell from the original post, this is an intestacy matter.
Going only by what the OP says above, there are no Family Law factors in play.
I'm not sure that it's helpful to introduce irrelevancies.

 

[Atticus]

I'm not sure that it's helpful to introduce irrelevancies.

Thanks for your thoughts, but I stand by my comments in the context in which they were made….. You may have also missed the part where I wrote .... “IF they are relevant to your circumstances, ask a lawyer"

If one was to go through these forums & edit out every members comments that turned out to be irrelevant, there would be a lot of edited posts, including your own.

This is a public forum in which people post a question (often requiring a respondent to read between the lines or ask a bunch of questions before responding) & members attempt to offer some assistance or insight, that is all.

NO comments on here by any memeber is intended to be legal advice, & if any comment is not relevant to the OP (and only they really know) then so be it.