Section 82 — Property (Relationships) Act 1976: Presumption that property acquired by estate of deceased spouse or partner is relationship property

82 Presumption that property acquired by estate of deceased spouse or partner is relationship property (1) Property acquired by the estate of the deceased spouse or partner, and the proceeds of a disposition of such property, and property acquired out of such property 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 Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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 82 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 ” .