Who gets what? A simple guide to the Property (Relationships) Act

Feature article

Who gets what? A simple guide to the Property (Relationships) Act

A clear, plain-English guide to the Property (Relationships) Act 1976.

5 November 2025

Hannah Hilliam
AI

AI summary

New Zealand's Property (Relationships) Act governs how assets are divided when a relationship ends for married, civil union, and de facto couples. The default rule is a 50/50 split of relationship property, which includes the family home, shared assets, and KiwiSaver funds accrued during the relationship.

Separate property can become shared if it gets intermingled. To opt out of the standard rules, couples can create a legally binding contracting out agreement, which requires independent legal advice for both parties.

What is the Property (Relationships) Act?

Who does the property relationships act apply to?

What is a de facto couple?

What counts as “relationship property”?

What is not “relationship property”?

When separate property becomes shared (a.k.a. “intermingling”)

Is everything split 50/50?

Relationship property agreements (a.k.a. “prenups”)

What happens when you separate

Where to get help

Property (Relationships) Act - FAQs

How long before equal sharing applies in a de facto relationship?

Can we opt out of the 50/50 rules?

Does everything always get split in half?

Do KiwiSaver balances get split?

Is a house bought before marriage relationship property?

Author

Hannah Hilliam Hannah Hilliam
Content Writer