South Australian Current Acts

ADMINISTRATION AND PROBATE ACT 1919 - SECT 72M

72M—Limitation on right of personal representative to sell interest in dwellinghouse

        (1)         Where a spouse or domestic partner of an intestate was, at the date of death of the intestate residing in a dwellinghouse, and an interest in that dwellinghouse forms part of the intestate estate—

            (a)         the spouse or domestic partner shall be entitled to continue to reside in the dwellinghouse—

                  (i)         until the expiration of the period within which he is entitled under this Act to elect to acquire the dwellinghouse; or

                  (ii)         where a person has by virtue of a mortgage or charge the right to enter into possession of the dwellinghouse or to dispose of the interest, until that right is exercised,

whichever first occurs; and

            (b)         the administrator of the intestate estate shall not dispose of the interest unless—

                  (i)         the dwellinghouse has ceased to be the ordinary place of residence of the spouse or domestic partner; or

                  (ii)         the period within which the spouse or domestic partner is entitled under this Act to elect to acquire the dwellinghouse has elapsed.