Property (Relationships) Act 1976

• Jurisdiction: New Zealand
• Coming into Force: 06 October 2023
• Citation: 1976 No 166
• Record Number: DLM440944
• Year: 1976
• Reference: 1976 No 166
• Act Number: 166
• Type of Document: Act

Contenidos

• Property (Relationships) Act 1976
• Preamble
• Contents
• 1 Short Title and commencement
• Part 1
• 1A Purpose of this Part
• 1B Status of this Part
• 1C What this Act is about
• 1D How this Act is arranged
• 1E Part 2 (Preliminary provisions)
• 1F Part 3 (Application of this Act)
• 1G Part 4 (Division of relationship property)
• 1H Part 5 (Relationship property and creditors)
• 1I Part 6 (Contracting out)
• 1J Part 7 (Proceedings under this Act)
• 1K Part 8 (Division of property where one spouse or partner dies)
• 1L Part 9 (Transitional provisions and savings)
• Part 2
• 1M Purpose of this Act
• 1N Principles
• 2 Interpretation
• 2A Meaning of marriage
• 2AB Meaning of civil union
• 2B Marriage includes immediately preceding de facto relationship
• 2BAA Civil union includes immediately preceding de facto relationship
• 2BA Immediately preceding marriage or civil union
• 2C Meaning of de facto partner
• 2D Meaning of de facto relationship
• 2E Meaning of relationship of short duration
• 2F Date at which shares to be determined
• 2G Date at which value of property to be determined
• 2H Determination of use to which property put
• 3 Act to bind Crown
• 4 Act a code
• 4A Other enactments to be read subject to this Act
• 4B Law relating to trustees preserved
• 4C Application to existing and future de facto relationships
• 4D Application to de facto relationships that end on separation or death
• 5 Act to apply only during joint lifetime of spouses
• 6 Maori land not affected
• 7 Application to movable or immovable property
• 7A Application where spouses or partners agree
• 8 Relationship property defined
• 9 Separate property defined
• 9A When separate property becomes relationship property
• 10 Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
• Part 3
• 10A Application of Act to division of relationship property where both spouses or partners alive
• 10B Application of Act to division of relationship property on death of spouse or partner
• 10C Application of Act in other circumstances
• 10D Proceedings
• Part 4
• 11 Division of relationship property
• 11A Where family home sold
• 11B Compensation for absence of interest in family home
• 12 Homesteads
• 12A Valuation of homestead
• 13 Exception to equal sharing
• 14 Marriages of short duration
• 14AA Civil unions of short duration
• 14A De facto relationships of short duration
• 15 Court may award lump sum payments or order transfer of property
• 15A Orders where spouse or partner has contributed to increase in value of separate property
• 16 Adjustment when each spouse or partner owned home at date relationship began
• 17 Sustenance of separate property
• 17A Diminution of separate property
• 18 Contributions of spouses or partners
• 18A Effect of misconduct of spouses or partners
• 18B Compensation for contributions made after separation
• 18C Compensation for dissipation of relationship property after separation
• Part 5
• 19 Effect of Act while property is undivided
• 20 Interpretation
• 20A Rights of creditors preserved
• 20B Protected interest in family home
• 20C Payment of protected interest on bankruptcy of other spouse or partner
• 20D Calculation of net value of relationship property
• 20E Compensation for satisfaction of personal debts
• 20F Application of Joint Family Homes Act 1964
• Part 6
• 21 Spouses or partners may contract out of this Act
• 21A Spouses or partners may settle differences by agreement
• 21B Surviving spouse or partner and personal representative may agree on division of property
• 21C Court may be asked to approve agreement between surviving spouse or partner and personal representative
• 21D Subject matter of agreement
• 21E Regulations prescribing model forms of agreement
• 21F Agreement void unless complies with certain requirements
• 21G Other grounds of invalidity not affected
• 21H Court may give effect to agreement in certain circumstances
• 21I Agreements entered into by minors
• 21J Court may set agreement aside if would cause...