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VIC Property Rights to Husband's Pre-Marriage Property?

Discussion in 'Property Law Forum' started by walter, 29 May 2015.

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  1. walter

    walter Member

    29 May 2015
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    Hi, I am a Kenyan citizen married to an Australian citizen. I am not yet a resident of Australia, my husband was once married but divorced, they had two properties which they shared so my husband took one of the properties. At this point do I have any property rights? There are children over 18 who are not employed from the first marriage, what are their rights currently?

    Secondly, if I move to Australia and my husband and I jointly build a house and make developments on the property he now has from the divorce if anything happens to him when I'm still a resident what happens to me?

    Can I nominate my husband as my trustee of all my property here in Kenya even though he is not a citizen?

    This is cos if anything happens to me I would like him to manage my estate on behalf of his stepchild and be protected from my family.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Walter,

    Is your question, what are your property rights in case your husband dies? Or if you split up?

    What will happen to your husband's property when you die depends on a number of things. Assuming he holds sole title to his property (not joint tenants with you) then the property will pass to whomever it is assigned in his will. If he does not have a valid will (will's are generally revoked upon marriage unless made in contemplation of marriage), it will be passed in accordance with the laws of intestacy which is usually something like $100,000 to spouse and rest to children (surviving spouse also has a statutory option to purchase the matrimonial home at market value).

    If you hold joint title to property on the other hand, full title would automatically pass to you upon his death, bypassing wills or intestacy laws.

    In the event of a divorce, a court would take into account all financial and non financial contributions to the relationship and future financial needs of each party and decide how to divide the property between you in a just and equitable way. Sometimes this may entitle a spouse to the other's pre marriage assets depending on the circumstances.

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