QLD Property Held in Spouse Name

[WhisperNet]

Brief Scenario.

Defacto Couple Together Since 1970's. He had land, she had a home (value much greater than the land) & and adult child. Couple did not marry. Husband has no children.

Couple lived in home for 20 + years. Sold home to fund building on land. Land is still in Husbands Name; title of property is in Husbands Name. Couple been living in new home for 20ish years.

Wife has passed away. Does property form part of Her Estate? & Child has some claim??

From a family law perspective - the property would likely be shared. Both worked FT & her in higher earning capacity during cohabitation.

From what I have read about Estate in QLD - Stepchildren have no claim on Estate. It appears that Title of Property is important, so with WIFE not on title, it remains with Husband. So if absent of any wills, It seems potentially the family money is lost, and passes onto the DeFacto husband??

Are estate and family law really at odds with one another?

Thanks

 

[jdogga]

Her estate/executor would have to argue that she has an equitable interest in the property. Otherwise, if the property was in his sole name, it would technically stay with his estate solely.