Where charges may remain deferred in favour of a spouse or de facto partner
45 Where charges may remain deferred in favour of a spouse or de facto partner
Where —
prescribed charges, the liability for the payment of which is deferred, would otherwise become payable upon the death of the person liable for the payment; but
the land continues to be the ordinary place of residence of a surviving spouse or de facto partner of that person, whether or not that land had also belonged to the surviving spouse or de facto partner,
the liability for payment arising on the death of that person shall be further deferred until that surviving spouse or de facto partner —
dies; or
ceases to be a person to whom the land, for the purposes of this Act, belongs,
notwithstanding that the spouse or de facto partner may not be an eligible person.
Where —
prescribed charges, the liability for the payment of which is deferred, would otherwise become payable upon the person liable for the payment ceasing to occupy the land as their ordinary place of residence; but
a spouse or de facto partner of that person continues so to occupy the land,
the liability for payment of the charges remaining owing shall be further deferred until —
the person dies; or
the spouse or de facto partner continuing in residence dies or ceases so to occupy the land; or
an order of a court of competent jurisdiction in family matters otherwise provides for the payment,
notwithstanding that the spouse or de facto partner may not be an eligible person.
[Section 45 amended: No. 28 of 2003 s. 173.]
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