Back to Blog

Engagement Ring - Is it Relationship Property?

Engagement Ring - Is it Relationship Property?Who owns an engagement ring if the relationship has broken up?Mariah and James decided to split up. They attempted to divide their assets in an amicable manner. James took legal advice on the engagement ring.James had paid $20,000 for an engagement ring for Mariah. The ring (an inter-spousal gift) was used exclusively by Mariah. The ring cannot be returned to James, nor is it relationship property. Under the Property (Relationships) Act 1976, it is M...

Is there an "expiry" date or time limit for applications for orders under the Property (Relationships) Act?

Common question - Is there an "expiry" date or time limit for applications for orders under the Property (Relationships) Act? Yes.  In the case of a marriage or civil union, you must apply within one year after it is dissolved.  In the case of a de facto relationship, you must apply within three years after the relationship ends. For more information on relationship property, you can contact me at AJI Family Law....

Are you in a de facto relationship?

Several of my clients did not think they were in a de facto relationship because they did not live with their partner. My response was that you do not have to live with your partner to qualify as a de facto couple. Under New Zealand legislation, a de facto relationship will exist when couples:  live together as a couple, but are not married to each other, and  are both 18 or older. In deciding whether two people live together as a couple, the court considers all the relevant circumstan...

Relationship Property - What happens to debt?

This question comes up often: "What happens to our debt when we separate? Who gets what?" Put simply, debts are separated into two categories: personal debts and relationship debts. Personal debts are the responsibility of the person who incurred them. Relationship debts usually fall into one of the following categories:  Joint debts  Common enterprise (or joint business) debts  Debts incurred to acquire, improve, maintain or repair relationship property  Debts incurred for t...

What is a Contracting Out Agreement?

In a relationship longer than 3 years, the Property (Relationships) Act 1976 provides that relationship property will be shared equally, unless a Court considers there are extraordinary circumstances which would make equal sharing repugnant to justice. A Contracting Out Agreement is a private agreement to determine the status, ownership and division of their property upon separation or death. Parties should enter into a contracting out agreement before the relationship has lasted three years. A ...

Are inheritances relationship property?

Jo and Jessica have been in a de facto relationship for six years. They do not have a contracting out agreement in place. They have no children. Jo’s Grandmother has passed away, leaving an inheritance to Jo of $100,000.00. Jo and Jessica own a townhouse in Hamilton and a small holiday home in Waihi. The townhouse has no mortgage registered against it, but the Waihi holiday home does. At present, the inheritance is in a bank account in Jo’s sole name. Jo would like to pay off the mortgage on...