Relationship property in New Zealand, who gets what in a separation

Last updated 20 June 2026. This is general information, not legal advice.

When a relationship ends, the question of who keeps what is often the most stressful part, and it is also the one where people are most likely to be wrong about their rights. The popular belief that whoever earned the money or whose name is on the title gets to keep it is, in most cases, simply not how New Zealand law works. The starting point is an equal split, the family home is shared even when one person brought it in, and the deadlines for sorting it out are shorter than many realise.

This guide explains who the law covers, what gets divided and what does not, the surprises around the family home, when a split can be other than equal, and how to protect property that is genuinely yours. It is general information, not legal advice, and relationship property can be complex, so it is worth getting your own advice on anything significant.

Who the law covers

The rules come from the Property (Relationships) Act 1976, and it covers more relationships than people expect.

It applies to married couples and civil union partners, and to de facto couples, including same-sex couples, once the relationship has lasted at least three years. A de facto relationship is two people living together as a couple who are not married or in a civil union, and the three-year point is when the equal sharing rules switch on. There are exceptions where the rules can apply to a shorter de facto relationship, in particular where there is a child of the relationship, or where one partner has made substantial contributions and it would be seriously unjust not to divide the property. The Act applies whether the relationship ends by separation or by death.

The key point for de facto couples is that living together for three years brings you within the same equal sharing regime as a married couple, whether or not you ever intended that, which is exactly why so many people are caught out by it.

The basic rule, an equal split

The central principle of the Act is equal sharing. When a qualifying relationship ends, the relationship property is divided equally between the partners, 50/50, regardless of who earned the income, whose name assets are in, or who paid for what.

This reflects the idea that a relationship is an equal partnership, and that the contributions of each partner, whether earning money, raising children, or running the household, are treated as equal in value. So a partner who stayed home to raise the children is entitled to the same half share as the partner who went out to work, and the higher earner does not get a larger slice simply because more of the money passed through their hands. Understanding that the default is genuinely equal, not proportional to financial input, is the foundation of everything else.

Relationship property versus separate property

What gets divided is the relationship property. What does not is separate property. The line between them is where most disputes happen.

Relationship property is, broadly, the property and income built up during the relationship and the things used by the family. It includes the family home and the family chattels, such as furniture, the car and household effects, whenever they were acquired, along with property bought during the relationship, income earned during it, and increases in value and superannuation built up during it. Debts incurred for relationship purposes are shared too.

Separate property is, broadly, what one partner owned before the relationship and kept separate, and property received during the relationship from a third party as a gift or inheritance, again provided it is kept separate. Separate property is generally not divided. The catch, and it is a big one, is that separate property can lose that status if it is intermingled with relationship property. If you put an inheritance into the joint mortgage, or use money you brought in to buy the family home, it can become relationship property and be shared. Keeping separate property genuinely separate, in its own account and not used for family purposes, is what preserves it.

The family home

The family home deserves its own section, because it is where the biggest surprises are. Whatever else is separate, the family home is almost always relationship property and shared equally, regardless of who owned it, when they bought it, or how much each person put in.

This means that a house one partner owned before the relationship can become shareable once it is used as the family home. It means a house bought by one partner with an inheritance, or received as a gift, is generally divided equally if it becomes the family home the couple live in. People are often shocked that the home they brought into the relationship, or paid for largely themselves, is split down the middle, but that is the ordinary effect of the Act. If protecting the home you are bringing in matters to you, the way to do it is a contracting out agreement, covered below, not an assumption that owning it first is enough.

When it is not 50/50

Equal sharing is the rule, but there are limited situations where the split is not even.

Economic disparity. Under section 15 of the Act, where the income and living standards of one partner are likely to be significantly higher than the other’s after separation, because of the way the couple divided their roles during the relationship, the court can order a payment or a larger share to the disadvantaged partner. The classic case is where one partner gave up a career to raise the children and support the other’s earning power, and comes out of the relationship with much lower earning potential. This does not undo equal sharing, but it can adjust the outcome to reflect the lasting effect of those choices.

Extraordinary circumstances. The court can also depart from an equal split in rare cases where equal sharing would be, in the words of the Act, repugnant to justice. This is a high bar and does not apply just because one partner feels the result is unfair. It is reserved for genuinely exceptional situations, not the ordinary disappointments of a break-up.

Short relationships. Where a marriage, civil union or de facto relationship of under three years comes within the Act, division is based on each partner’s contributions rather than a straight half each, and a home one partner owned before or received by gift or inheritance may then be split by contribution rather than equally.

Contracting out and protecting what is yours

If you want a different arrangement from the equal sharing default, the law lets you make your own, through what section 21 of the Act calls a contracting out agreement, often known as a prenup, though it can be made at any time, not just before a relationship.

This is the proper way to protect a house you are bringing in, a business, or family money, and to set out in advance how property would be divided if you separated. But the agreement only works if it is done correctly, and the requirements are strict for good reason. It must be in writing and signed by both partners, each partner must have independent legal advice from their own separate lawyer before signing, in practice not from the same firm so there is no conflict of interest, and each lawyer must witness their client’s signature and certify that they explained the effect and implications of the agreement. A do-it-yourself agreement, or one where only one side had advice, is liable to be worthless.

Even a properly made agreement can be set aside by a court, but only where giving effect to it would cause serious injustice, which is a high threshold. The practical message is that a contracting out agreement is the only reliable way to opt out of equal sharing, and it is worth doing properly, because the cost of getting advice is small next to what is at stake.

The deadlines

There are time limits to bring a relationship property claim through the court, and they catch people out.

• De facto couples generally have three years from the date of separation to bring a claim.
• Married couples and civil union partners generally have one year from the date the marriage or civil union is dissolved, that is from the divorce order, to bring a claim.

You can divide your property by agreement at any time without waiting for these deadlines, and it is usually far better to. But if you cannot agree and may need the court, do not sit on it, because letting the time limit pass can leave you needing the other side’s consent or the court’s special permission to proceed. If a separation is recent and unresolved, getting advice on your timeframe early is sensible.

How it is actually sorted out

Most relationship property is divided without anyone going near a courtroom. The usual path is to reach an agreement, recorded in a formal property division agreement that, like a contracting out agreement, needs each partner to have independent legal advice to be binding. Getting the agreement properly documented is what makes it final and stops it being reopened later.

Where you cannot agree, options include lawyer-led negotiation, mediation, and as a last resort an application to the Family Court, which can make orders dividing the property. The Family Court process is slower and more expensive, so it is generally worth trying to settle, but the court is there when one side will not engage or the issues are genuinely contested. Free initial information is available from a Community Law Centre or Citizens Advice Bureau, and the Ministry of Justice publishes guidance on the process.

The takeaway

If your relationship is ending, start from the right baseline. The law treats it as an equal partnership, so relationship property is shared equally, the family home is almost always in the pool even if you brought it in, and being the higher earner does not give you a bigger share. Property you genuinely kept separate can stay yours, the right way to protect significant assets is a properly advised contracting out agreement, and there are real deadlines once you separate or divorce. Get your own advice early, aim to agree and document it properly, and you keep control of an outcome that the court would otherwise decide for you.

Related guides

• Child support in New Zealand, how it is calculated
• Making a will in New Zealand and dying without one

Frequently asked questions

Is everything split 50/50 in a New Zealand separation

Relationship property is divided equally as the default, regardless of who earned more or whose name assets are in. Separate property, such as things you owned before the relationship or kept separate, is generally not divided. The main exceptions to a straight even split are economic disparity under section 15, rare extraordinary circumstances, and de facto relationships of under three years.

Does the law apply to de facto couples

Yes. The equal sharing rules apply to de facto couples, including same-sex couples, once they have lived together as a couple for three years. They can apply earlier where there is a child of the relationship or one partner has made substantial contributions. Three years of living together brings you within the same regime as a married couple.

Who gets the house if I owned it before we got together

Usually it is shared. The family home is almost always relationship property and divided equally, even if one partner owned it before the relationship or paid more towards it. Owning it first does not protect it once it becomes the home you live in together. The reliable way to protect it is a contracting out agreement.

Is my inheritance or a gift protected

An inheritance or gift is separate property and not divided, but only if you keep it separate. If you mix it into relationship property, for example by paying it into the joint mortgage or using it to buy the family home, it can become relationship property and be shared. Keeping it in its own account and not using it for family purposes is what preserves it.

Do prenups work in New Zealand

Yes, as a contracting out agreement under section 21, and they can be made at any time, not only before a relationship. To be valid the agreement must be in writing, signed by both, with each partner having independent legal advice from their own lawyer who certifies they explained it. A court can set one aside only if giving effect to it would cause serious injustice.

How long do I have to make a relationship property claim

Generally three years from separation for a de facto couple, and one year from the divorce order for a married couple or civil union. You can divide property by agreement at any time, but if you may need the court do not let the deadline pass, because after it you may need the other party’s consent or the court’s permission to proceed.

Are debts shared as well

Debts incurred for relationship purposes, such as the mortgage or a family car loan, are generally shared as part of dividing the relationship property. A debt one partner ran up purely for their own separate purposes may be treated as theirs alone. Like the assets, the debts are part of working out the overall equal division.

Have you been through a relationship property split in New Zealand, or protected separate property with an agreement? Tell us how it went in the comments below.