Breaking up is hard to do!

Let’s face it; relation break-ups can bring out the worst in us.

After a particularly messy split it’s tempting to list your ex-partner's property on Trade Me to either recover some money, or get it out of the house.

However, seeing your beloved 140 piece tool kit or grandmother’s turn-of-the-century china cabinet up on the site without your permission can be a bit of a nasty shock, and definitely doesn’t help the situation!

Here at Trade Me, we reckon it’s better if you think before you list and bear the following in mind:

The Property (Relationships) Act 1976 divides the things you and your partner owned into two categories: separate property and relationship property.

• Separate property can be stuff that you owned prior to the relationship, like the GHD’s your Mum bought you in 2009. It can also be stuff you bought with your own money, like that brand new Samsung Galaxy S4 you saved so hard for.
• Relationship property can be things that you bought together or jointly used, like that fridge you both bought when the old one finally crashed.

If the things you’re listing could be considered your partner’s separate property, or relationship property, it’s simple – don’t list them until you have resolved the situation with your partner.

It’s also a breach of our Terms and Conditions to list things that aren’t in your possession, or that you aren’t legally able to sell.

If you see your property on Trade Me, get in touch with us either through the Community Watch, or send us an email.

Make sure you include as much information as you can, such as your lawyer’s details if you have one acting for you, any relevant court orders or upcoming court dates.

We can only act on the information in front of us, and remember, no matter how clear-cut things seem to you, we’re unlikely to take action without hearing both sides of the story.

At the end of the day, we try to take a common sense approach. If we have concerns about the relationship property you’re selling, you need to help us out so we can be sure you own it.

Otherwise, it could end up creating more hassle for you (and your lawyer!).