The Ex-Files: My ex contributed nothing financially, how should we divide our property – and our dogs?
Question: My ex-partner and I were together for around four years. During that time, I was working in a high-paid job while he was not working at all. I am 15 years older than my ex, and neither of us has any children.
During our relationship, I bought a home on Waiheke, which we lived in together. The property is in my sole name, and I paid for the entire deposit from the sale of a home I owned before our relationship. I also paid for all of the mortgage payments, outgoings and expenses. My ex contributed nothing. He did not even try to get a job but seemed happy to enjoy the lifestyle I funded.
We also have two German Shepherd dogs, which I owned before our relationship. I would like to keep both dogs. My ex could not afford to look after them. If our dispute goes to court, will the court give me both dogs? I do not want them to be separated because they are siblings and have been together since birth.
What guidance can you give us about our property division, including the dogs?
Answer: The general presumption in New Zealand is that where there is a de facto relationship, civil union or marriage which lasts for more than three years, the relationship property will be divided 50:50 when there is a separation. You and your ex-partner are each entitled to half of any assets that would fall into the category of relationship property. This would include your family home on Waiheke and your dogs. A family home is relationship property regardless of who owns it and how it was purchased. The same applies to family chattels, even where they were owned before a relationship. Family pets fall under the category of family chattels as defined in section 2 of the Property (Relationships) Act 1976.
However, there are some limited exceptions to the equal sharing regime in our relationship property law. One such exception is in section 13 of the act. To discover what that section provides and learn why context matters, read the full Ex-Files article in the NZ Herald.
