My partner and I are separating after 6 years living together in Christchurch. We own a house in both our names and have a joint mortgage. How is the house usually divided in New Zealand if we weren’t

General information from Lawmateanz

In New Zealand, the Property (Relationships) Act 1976 applies to de facto couples in the same way as married couples once the relationship has lasted three years or more. Being unmarried doesn't change the starting point.

That starting point is that the family home, household items and other relationship property are shared equally, whatever name they're in. Relationship debts, such as a joint mortgage, are usually shared too. Courts only depart from equal sharing in limited situations.

Common options are for one of you to buy the other out, or to sell and divide what's left after the mortgage and costs. A buyout usually needs the bank's approval for the person staying to take over the mortgage in their own name.

If you reach an agreement, it only becomes binding if it's in writing and you each get independent legal advice, with your lawyers certifying it. If you can't agree, either of you can apply to the Family Court, generally within three years of the relationship ending.

Community Law Centres offer free initial help, and a family lawyer can explain how the rules apply to your property.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.