| Marital property regime | | |
What is the default marital property regime? | Partial community of property | Property (Relationships) Act 1976 (PRA), Sec. 8(1) and Sec. 9
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Both spouses must agree on transactions concerning relationship property. Under the PRA relationship property is to be divided equally and if agreement can not be reached, a spouse or partner can seek the assistance of the Family Court. Who legally administers joint marital property? | Both spouses | Property (Relationships) Act 1976 (PRA), Sec. 8(1) and 9
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| In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Both spouses | Property (Relationships) Act 1976 (PRA), Sec. 8 and 11
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| Joint titling | | |
| For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8
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Spouses can still apply to register their property in joint names under the Joint Family Homes Act 1964. Spouses or partners usually register their homes in joint names. If they do not, and the family home is in the name of one spouse, the non owner can still make a claim for half the property under the PRA. Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | Joint Family Homes Act 1964, Sec. 3
Property (Relationships) Act 1976, Sec. 8 |
| If joint titling exists for married couples, is it the default for marital property? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | Bill of Rights, Sec. 21
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | Bill of Rights, Sec. 21
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| Do married men and married women have equal ownership rights to moveable property? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8 and 9
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8 and 9
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Administration Act 1969, Sec. 77
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Administration Act 1969, Sec. 77
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| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8
Administration Act 1969, Sec. 77 |
| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 8
Administration Act 1969, Sec. 77 |
| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Property (Relationships) Act 1976 (PRA), Sec. 61
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