South Australian Current Acts South Australian Current Acts104—Restriction on right of administrator to sell interest in dwelling
(1) An administrator
of an intestate estate must not dispose of an interest in a dwelling in which
the spouse or domestic partner of the intestate was residing at the time of
the intestate's death unless—
(a) the
period within which the spouse or domestic partner may elect to acquire the
interest has expired and no election has been made; or
(b) the
dwelling has ceased to be the ordinary place of residence of the spouse or
domestic partner.
(2) An administrator
of an intestate estate must not dispose of an interest in a dwelling pending
the determination by the Court of any application made by the spouse or
domestic partner of the intestate for approval to make an election under
section 102 in relation to that interest.
(3) A spouse or
domestic partner of an intestate may continue to reside in a dwelling in
relation to which the spouse or domestic partner may make an election under
section 102—
(a)
until the period within which the spouse or domestic partner may make an
election has expired; or
(b) if a
person has by virtue of a mortgage or charge the right to enter into
possession of the dwelling or to dispose of the interest—until that
right is exercised,
whichever occurs first.