South Australian Numbered Acts South Australian Numbered Acts106—Division of estate if intestate is survived by spouse or domestic partner, or both
(1) If an intestate is survived by a spouse or domestic partner, the spouse or domestic partner (as the case may be) is entitled to any personal goods of the intestate.
(2) Subject to this section, if an intestate is survived by both a spouse and a domestic partner, each is entitled to an equal share of the property (including personal goods of the intestate) that would have devolved on the spouse or domestic partner if the intestate had been survived only by a single spouse or domestic partner.
(3) If a dispute arises between a surviving spouse and a domestic partner as to the division between them of personal goods of an intestate, the administrator of the intestate's estate must give the spouse and domestic partner notice in the prescribed manner that if they do not agree on the division of the personal goods of the intestate between them within 3 months of notice being given to them, the administrator may sell the personal goods and divide the proceeds of the sale equally between the spouse and domestic partner.
(4) If a surviving spouse and domestic partner of an intestate do not, within 3 months of the giving of notice to them by the administrator of the intestate estate, agree as to the division of the intestate's personal goods between them, the administrator may sell the personal goods and divide the proceeds of the sale equally between the spouse and domestic partner.
(5) The Court may, on application by the surviving spouse or domestic partner of an intestate, make an order that the estate of the intestate be distributed between the spouse and domestic partner of the intestate in such shares as it considers just and equitable.
(6) However, if the Court considers it just and equitable to do so, the Court may make an order allocating the whole of the estate to either the surviving spouse or the domestic partner to the exclusion of the other.