6Spouses

#### 6 Spouses 6 Spouses > > (1) A person is the spouse of another person if, on the commencement date of the eligible transaction— > > > > > (a) they are legally married, or > > > > > (b) the person is the de facto partner of the other person. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (2) A person to whom an applicant for a first home owner grant is legally married is not to be regarded as the applicant’s spouse if the Chief Commissioner is satisfied that— > > > > > (a) the applicant was not cohabiting with the person on the commencement date of the eligible transaction, and > > > > > (b) at the time of deciding the application, the applicant is not cohabiting with the person and has no intention of resuming cohabitation. > > **s 6:** Am 2009 No 51, Sch 3 \[3\] \[4\]; 2010 No 19, Sch 3.39 \[2\] \[3\].