We were together less than three years. How is our property divided?

General information from Lawmateanz

In New Zealand, the Property (Relationships) Act 1976 treats relationships of less than three years differently. The Act calls these 'relationships of short duration'.

For a marriage or civil union of less than three years, equal sharing still often applies, but there are exceptions. For example, if one of you owned the home before the relationship or contributed much more, property can instead be divided according to each person's contribution.

For a de facto relationship of less than three years, the Act generally doesn't apply unless there's a child of the relationship or one partner made a substantial contribution, and the court is satisfied that not making an order would cause serious injustice.

Where the Act doesn't apply, property generally stays with whoever owns it, and jointly owned property, such as a house in both names, is usually shared according to how it's owned.

Because these rules are technical, it's worth getting advice early. Community Law Centres offer free initial help, and a family lawyer can explain how the rules apply to you.

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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