RelationshipPropertyDivision
Division of relationship property under the Property (Relationships) Act 1976 - equal sharing, claims, and settlements.
How we can help
When a relationship ends - whether a marriage, civil union, or de facto partnership of three or more years - the Property (Relationships) Act 1976 provides for the equal division of relationship property. This includes the family home, family chattels, and any property acquired during the relationship, regardless of whose name it is in. Understanding what qualifies as relationship property versus separate property is often the first and most important question our clients face.
At Indus Legal, our Auckland lawyers provide clear, practical advice on how the Act applies to your specific circumstances. We assist with identifying and valuing relationship property, negotiating fair settlement agreements, and, where necessary, filing claims in the Family Court. We also advise on more complex situations including trusts that hold relationship property, claims for compensation where one partner has made unequal contributions, and the treatment of debts and inheritances.
Our approach is to resolve property matters through negotiation wherever possible, saving our clients time, stress, and legal costs. For clients across Auckland, Botany, and South Auckland, we provide transparent advice about likely outcomes so you can make realistic decisions and move forward with confidence.
What we help with
- Classification of relationship property versus separate property
- Valuation of the family home, business interests, KiwiSaver, and other assets
- Negotiation and drafting of relationship property settlement agreements
- Claims involving trusts, companies, and complex asset structures
- Applications to the Family Court for property division orders
- Advice on time limits - claims must generally be made within three years of separation
Frequently asked questions
Is relationship property always divided 50/50?
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The Property (Relationships) Act 1976 establishes a presumption of equal sharing for relationship property, including the family home and family chattels. However, the court can order unequal division in certain circumstances, such as where one party has made extraordinary contributions or where equal sharing would be seriously unjust. Our lawyers assess your situation and advise on likely outcomes.
Does a de facto partner have the same property rights as a married spouse?
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Yes, provided the de facto relationship has lasted three or more years (or the court considers it just to make an order for a shorter relationship in certain circumstances). The Property (Relationships) Act 1976 applies equally to marriages, civil unions, and qualifying de facto relationships in New Zealand.
What happens to property held in a family trust?
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Trust property is not automatically relationship property, but the Family Court can make orders compensating a partner where relationship property has been transferred to a trust or where a trust has been used in a way that defeats a partner's rights. These claims require careful legal analysis, and our team has experience handling trust-related property disputes across Auckland.
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