Section 10 — Property (Relationships) Act 1976: Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift

10 Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift (1) Subsection (2) applies to the following property: (a) property that a spouse or partner acquires from a third person— (i) by succession; or (ii) by survivorship; or (iii) by gift; or (iv) because the spouse or partner is a beneficiary under a trust settled by a third person: (b) the proceeds of a disposition of property to which paragraph (a) applies: (c) property acquired out of property to which paragraph (a) applies. (2) Property to which this subsection applies is not relationship property unless, with the express or implied consent of the spouse or partner who received it, the property or the proceeds of any disposition of it have been so intermingled with other relationship property that it is unreasonable or impracticable to regard that property or those proceeds as separate property. (3) Property that 1 spouse or partner acquires by gift from the other spouse or partner is not relationship property unless the gift is used for the benefit of both spouses or partners. (4) Regardless of subsections (2) and (3) and section 9(4) , both the family home and the family chattels are relationship property, unless designated separate property by an agreement made in accordance with Part 6 . Subsection (1) was substituted, as from 1 January 1984, by section 4 Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145). Section 10 was substituted, as from 1 February 2002, by section 15 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsections (1)(a), (2), and (3) were amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (3) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .