Navigating relationship property: why experience matters
23 July 2025

 

When a relationship ends or circumstances change, untangling shared property can quickly become complex, emotionally, legally, and financially. Relationship property law provides a framework for dividing assets between partners. Whilst it is a legal process, it is also deeply personal. That’s why having an experienced and trusted advisor is essential.

 

What is relationship property?

The Property (Relationships) Act 1976 (the Act) governs how property is divided when a marriage, civil union, or de facto relationship ends, including when a partner passes away. In most cases, there is a presumption of a 50/50 split of shared property, but exactly what counts as “shared” can be more involved than people realise.

 

Relationship property can include:

 

  • the family home;
  • vehicles and household contents;
  • KiwiSaver and superannuation;
  • income earned during the relationship;
  • any assets acquired together; and
  • any relationship debts.

 

There are also important exceptions and nuances, especially if one partner has brought significant assets into the relationship, or if there are children involved.

 

When the 50/50 rule doesn’t apply

 While equal sharing is the default, there are several situations where the law may allow for a different outcome:

 

  • relationships of short duration (less than 3 years);
  • significant economic disparity between partners;
  • separate property, such as inheritance or pre-relationship assets (not intermingled); and
  • contracting out agreements (previously known as prenups).

 

Couples can choose to “contract out” of the default rules by signing a formal agreement. However, this must meet strict legal requirements in order to be valid and enforceable. One of these requirements is that both parties must have independent legal advice.

 

When children are involved

Children can significantly impact the division of relationship property. The law acknowledges the necessity of protecting a child’s wellbeing, particularly during family transitions.  

 

In these situations, the court may:

 

  • postpone the sale of the family home if it would disrupt a child’s living situation;
  • prioritise stability by ensuring that the primary caregiver can continue to provide a secure environment;
  • acknowledge unpaid contributions, such as caregiving, as equal in value to financial contributions; and
  • apply the Act to relationships of short duration if there’s a child of the relationship.

 

Every family is different and when children are involved, the stakes are higher. That’s why it’s crucial to seek advice that combines legal clarity with compassion and care.

Every situation is different

 

While the law provides a general framework, no two families or relationships are exactly alike. That’s why having thoughtful and experienced legal support makes all the difference. Whether you're entering into a new relationship, separating, or simply planning for the future, clear advice from someone who understands the legal landscape and your personal one is essential.

 

Why legacy matters

Willis Legal has been advising Hawke’s Bay families for generations. That long history means we don’t just know the law, but also the community. We approach every situation with perspective, stability, and a practical mindset. Our clients trust us not only to get the paperwork right, but also to help them move forward with clarity and confidence.

 

If you’re facing a separation, starting a new relationship, or looking to secure your future our team is here to help you understand your options in a way that works for you. Book a confidential consultation with us today and take the first step toward peace of mind.

 

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5 July 2026
We're pleased to shine a light on Harry Calcott, a solicitor in our Property Team. If you've worked with Harry Calcott , you'll know he has a knack for making complicated processes feel straightforward. As part of our Property Team, based in our Hastings office, Harry guides clients through some of the biggest moments of their lives, and he brings genuine care to every step of the way. Although, Harry didn't set out to be a property lawyer. The plan, when he graduated with his Bachelor of Law and Commerce, was criminal law. He spent time as a law clerk with the Public Defence Service, a grounding experience that gave him an early look at the realities of legal practice, but somewhere along the way, something shifted. "I realised I was drawn to helping clients through positive milestones rather than difficult disputes," he says. The work of guiding people through important life events, buying a home, planning for the future, felt more like where he was meant to be. His commerce background turned out to complement property law naturally, and what might have looked like a change of direction began to feel inevitable. Sometimes the path surprises you. For Harry, one of the most rewarding parts of the job is sitting across the table from a first home buyer. He knows the process can feel overwhelming, and he's deliberate about making it feel anything but. "I try to provide as much information and reassurance as possible to make the process straightforward and stress free." What keeps it meaningful, he says, is the people themselves, the excitement and optimism that first home buyers bring with them is something that never gets old. "It's a privilege to be part of such an important milestone in their lives." Harry made the move from Wellington to Hawke's Bay to join the Willis Legal team, and by the sound of it, he's settled in well. If you're visiting him in the region, he'll take you to Sutto for the eggs benedict or Kami for sushi, then walk you around Windsor Park. It's a low-key itinerary that suits him; good food, fresh air, no fuss. The weekends follow a similar pattern. Good food, sport, time outdoors when the weather allows, and getting organised for the week ahead, plus the odd trip back to Wellington to visit friends and family. For someone who spends his working days helping clients prepare for the moments that matter most, a little structure away from the office clearly goes a long way. Harry is a solicitor at Willis Legal. If you're buying your first home, planning for the future, or simply want someone in your corner who'll make the process feel manageable, get in touch with us today.
2 July 2026
People often get confused by the way we lawyers speak. Part of our job is to communicate with you in a way you understand, not to sound smarter than we are. We try our best to break it down in a way that you can understand, but sometimes we can’t avoid it, especially when the jargon comes from a contract, legislation, or Land Information New Zealand requirements. Knowing what these terms mean is important to ensure that you understand your options and rights, a deadline is not missed, or you do not walk out of a meeting expecting a different outcome. It does not help that some of our jargon is different to America and what you see on television. I asked my friends and family what terms they hear me using and think “I have no idea what you are on about”, and I have collated them and translated them. These are just a few examples. Contact one of our esteemed legal professionals if you have any other specific questions for a breakdown. Legal jargon and their translation Client The individual or entity receiving legal advice or representation. Solicitor/Barrister A person who has completed the educational qualifications and character requirements to be admitted to the “bar and holds a practising certificate”. Generally referred to as a lawyer. In New Zealand, unlike in some other countries, all solicitors are also barristers. Caveat A formal notice lodged on a property title to protect your interest in the property. It acts like a flag on the property title, preventing the registered owner from doing anything with the property until the caveat is removed. Intestate When someone dies without leaving a valid will. Memorandum A formal written document that is filed in court proceedings, used to talk to a judge, generally setting out your position or proposed next steps. Often referred to as a memo. Probate The legal process of obtaining a grant from the High Court of New Zealand to allow the executor to administer the deceased's will. This application is only required if the deceased has one asset valued at more than $40,000. Attorney A person you appoint to make decisions and/or manage your property on your behalf. This can either be from the date you sign your Enduring Power of Attorney documents or come into force once you lose capacity. In America, an attorney is a qualified lawyer. Executor The person named in a will who is responsible for administering and distributing the estate. Deed A formal written document that is signed and witnessed in a particular format. A Deed, unlike a contract, does not require each party to give or promise something in return(consideration). Common types are a Deed of Trust or a Deed of Lease. Affidavit Your written statement of facts is used as your evidence in legal proceedings. By signing, you swear (on the bible) or affirm (make a solemn declaration) that the contents are true. Purchaser The party buying the goods or services from another party. Vendor The party selling the goods or services to another party. Tenants In Common A way for two or more people to own property together in defined shares. Record of Title The land record that proves ownership of land and the rights and restrictions that apply to the land. Chattels Moveable items of personal property. Things you can pick up and take with you. Conveyancing The legal process of transferring property ownership from a seller to a buyer. Counsel The lawyer providing the legal advice and representation in court. Covenant A legally binding agreement against your property title that dictates how you can use, develop, or maintain your land. Disclosure The legal obligation to provide all relevant information and documents to another party.
26 June 2026
If you manage a rental, there’s a date worth marking. As of 29 June 2026, bond transactions will go digital and paper forms will be phased out. This follows Tenancy Services’ announcement that after this date, they will be moving remaining bond transactions online through their portal ‘ Bond Hub ’. What’s changing? Refunds Change of tenant Change of landlord Viewing/updating your details Registration of bonds moved online in December 2025, paving the way for these other services to follow. The benefits of these changes Faster - Once all parties agree, transactions can be processed straight away Simpler - No paperwork or manual handling More reliable - Fewer errors and delays, with easier fixes More transparent - Track progress in real time Instead of waiting weeks for a posted paper refund form, or out of date contact details affecting slow communications, tenancy transactions can be processed quickly online. Both parties can keep a record of bond transactions. For example, tenants decide to move out, and you are asked for a bond refund. You can complete this process online as agreed, and the money is released quickly, making for a seamless transaction. This will help landlords in those hurried weeks where tenants move out to get everything sorted. When processing a bond refund, it would be sensible to agree on a bond refund amount before lodging to avoid creating extra work for yourself. Tenancy Services won’t be processing bulk change of landlord requests going forward. These will need to be registered individually through their self-service function on Bond Hub or your property management software if it supports this. You will need to get registered with Bond Hub if you haven’t already and familiarise yourself with the changes. You may already be using existing property management software with refund functionality built into its system and wondering how these services will interact. It would be sensible to discuss this with your current property management software provider to understand what these changes mean for you. What you should do now Register for Bond Hub Review how you are currently communicating with your tenants Complete bond transactions through Bond Hub going forward What to tell your tenants Register for Bond Hub Communicate that bond transactions will be completed through Bond Hub going forward Encourage tenants to keep their email addresses and phone numbers up to date on Bond Hub Ask tenants to keep their tenant number somewhere safe In the Hawke’s Bay, we know many local landlords handle their tenancies themselves. These changes will have great benefits for you. Getting set up early will help avoid a chaotic few weeks after 29 June 2026. As with any changes, there’ll be a learning curve. However, the process should be more streamlined once you’re set up. Our team are happy to guide landlords through the new tenancy processes. If you have any questions regarding your obligations as a landlord, we’re here to help.
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