Relationship Property

Navigating Relationship Property Matters with Expertise

Relationships can sometimes be more complicated than necessary, especially when the law is involved. At Surani Associates, we understand the importance of protecting your property and assets before, during, and after a relationship. That's why we offer assistance with any relationship property matters.

What is Relationship Property?

Relationship property refers to any property gained during a relationship. You can make agreements dealing with how your relationship property should be managed after your marriage, civil union, or de facto relationship, or in the case of divorce, separation, or death.

Relationship property includes, but is not limited to:

• Land, buildings, vehicles, family home and contents (excluding taonga and heirlooms)

• Money (salary, wages, insurance payments, pensions, rent, and other income from joint property)

• Non-personal debts

• Gifts or inheritances that have become mixed with the relationship property

• Increases in the value of relationship property, including income or proceeds from sales (e.g., shares)

• Any other property gained during the relationship or intended for use within the relationship

Property Division and Agreements Generally, property is usually divided equally between a couple. However, if you have been in a relationship for less than three years, the Property (Relationships) Act 1976 has specific rules for how property will be divided.

Couples have the option of following the Property (Relationships) Act or making a relationship property agreement themselves. Any agreement must be in writing, and both parties should seek independent legal advice.

Additionally, if your partner owns property, you can put a notice on the title to claim an interest in the land at any time during the relationship.

Fair Consideration and Legal Assistance It's important to note that all forms of contributions to the relationship are treated as equal, including domestic work, caring for children, and financial contributions.

If you cannot agree on how the property should be divided, the Family Court can assist and make official legal orders.

If a partner or spouse dies, the surviving partner has first claim for a share of the relationship property, which cannot be given away in a will.

These matters can be dealt with at any stage of a relationship. Contact Surani Associates today if you need assistance with any legal matters related to your relationship property. Our team of experienced lawyers will guide you through the process, ensuring a fair outcome aligned with your best interests.