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. It applies to married, civil union, and de facto couples, typically after three years together.

The default rule is a 50/50 split of all relationship property. This includes:

- The family home

- Shared assets and debts

- KiwiSaver funds accumulated during the relationship

To opt out, couples can create a legally binding contracting out agreement ('prenup'), 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