WA Property rights deceased separated spouse

[PA25]

My ex and I separated nearly two years ago for good. He left me for another woman he has a child with.
I have two children with my ex.
He recently took his own life.
Who has rights to his property, his de facto or myself? No divorce or property settlement was ever begun.
This may sound mercenary but I have been put through hell by these two and want to make sure I am doing the right thing for my children.

 

[AllForHer]

Did he leave a will?

 

[PA25]

There isn't a will.

 

[Lennon]

Why wasn't property settlement commenced?

 

[PA25]

It's a long and nasty story but basically he stopped paying for anything, left me the mortgage, loans and no child support. Then ignored any communications about settling property.
My only option was bankruptcy which is what I think he was aiming for as all the property would then be his. There is a joint property but as he hasn't made payments for a year I assume he couldn't afford it either. I gave up my interest in the property with my bankruptcy. It had no equity in it.
Basically the only assets he has are his car (still under finance), his superannuation and any death insurance he has which I'm not sure would cover suicide.

 

[SamanthaJay]

I think you need to engage a solicitor. I was discussing such an outcome with my solicitor recently as my ex is re-partnered with a young girl who will possibly want a child. It's complicated but please see a solicitor asap to protect yours and your children's interests.

 

[sammy01]

what sort of asset pool are you talking? Look, seeing a solicitor is a good idea. BUT you kinda want to think about the size of the asset pie... You need to realise that depending on work situations there might be a superannuation policy with a death benefit.
Have a read
Nocookies
It may well be that your name still exists as the beneficiary..

BUT... But.... Look the extent that this is worth putting effort into needs some consideration. So If I died unexpectedly, my defacto would get the money because I have nominated her as the beneficiary... But even with that my now ex-wife could make a claim as a parent to my kids.... Now in my case, I'm worth a big chunk of money dead... a few hundred thousand... But I've worked in the one job for 20 yrs in a govt job where my super has gone into the one super account all that time.

If your ex has a checkered work history and you have no certainty about super funds you might find yourself back at square one, where any money spent on solicitors might not be worth the effort given the final result...

Sorry to hear about your situation, and sorry I could not give a more precise answer.

 

[AllForHer]

If there's no will, it's likely that both you and his current partner, as parents to his children, will have some claim on his estate. How much, however, is impossible to know, and you really do need to get legal advice for this.

 

[Rod]

With no divorce and the other relationship being <2 yrs, you'd have a reasonable chance at retaining all jointly owned marital property. You may also be beneficiary of any super and insurance he had.

Recommend seeing a lawyer.

 

[Tim W]

No will = intestacy rules.
Aggravating factor - a strong likelihood of a family provision claim by the later family.

I agree with those above - this is a job for a solicitor.
No way is this a DIY.