Section 81 — Property (Relationships) Act 1976: Presumption that property of deceased spouse or partner is relationship property

81 Presumption that property of deceased spouse or partner is relationship property (1) All the property that was owned by the deceased spouse or partner at his or her death is presumed, in the absence of evidence to the contrary, to be relationship property. (2) A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion. (3) This section is subject to Part 6 and section 87 . (4) Nothing in this section applies to property to which section 10(2) applies. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. The heading to section 81 was 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 ” . Subsection (1) was 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 ” .