If we haven't done a property settlement and my spouse dies I will get the house
Actually, this one is partially true...
Under the Family Law Act you can only bring a family law property settlement claim when your spouse is still alive. If you delay your property settlement, then this can have serious consequences, with you missing out completely on receiving a property settlement.
However, if you own property in Queensland under a certain form of title,
then you might at least receive that property on the death of your spouse.
In Queensland, where real property is owned jointly with another person, you own the property either as joint
tenants or as tenants-in-common. Most people assume that if they own it 'equally' they are joint tenants. However, that may not be how your lawyer set it up when you bought the property.
If you own your property as joint tenants, then when one of you dies,
the property automatically passes to the surviving owner.
If the property is held as tenants in common,
then the deceased's share of the property passes according to their will.
If you aren't sure how your property is owned,
talk with one of our Gold Coast, Sunshine Coast or Brisbane family lawyers
about doing a search on the title.
Even if you are joint tenants, your spouse can change that to tenants-in-common at any time,
so it pays to get some family law legal advice and start
the property settlement process.