Right not exercisable in certain other cases
49K Right not exercisable in certain other cases
If—
a dwelling house forms part of a building and an interest in the whole of the building is comprised in an intestate estate; or
a dwelling house is held with agricultural land and an interest in the agricultural land is comprised in an intestate estate; or
the whole or a part of a dwelling house was, at the date of an intestate’s death, used as a hotel or boarding house; or
a part of a dwelling house was, at the date of an intestate’s death, used for purposes other than domestic purposes;
the right given by this division to a partner of the intestate in relation to the dwelling house is not exercisable by the partner unless the Supreme Court so orders, being satisfied that the exercise of that right is not likely to—
diminish the value of the assets (other than the interest in the dwelling house) in the intestate estate; or
make those assets more difficult to dispose of.
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