Is the family home always split 50/50 in NZ?

Generally yes, once the Act applies: the family home and chattels are relationship property shared equally regardless of who bought the home or when, subject to limited exceptions and to any contracting out agreement setting different rules.

Is my KiwiSaver relationship property?

The portion contributed and earned during the relationship generally is; the balance you brought in is separate property. On separation the relationship portion is valued and divided, usually by a transfer between funds.

Is an inheritance relationship property?

Not initially: inheritances are separate property. They convert if mixed with relationship property or applied for the couple's common benefit, such as paying down the family home mortgage. Keeping an inheritance separate, or classifying it in an agreement, preserves its status.

Does it matter whose name is on the title?

Very little. Classification under the Act depends on the nature and use of the property and the timing of its acquisition, not on legal title. Sole ownership of the family home does not prevent equal sharing.

What counts as relationship property in NZ

Updated 2026-08-09. General information, not legal advice.

Relationship property is the pool of property the Property (Relationships) Act 1976 divides, generally equally, when a qualifying relationship ends. It usually includes the family home and family chattels whenever acquired, property acquired during the relationship, income earned during it, and the part of each partner's KiwiSaver built up during the relationship. Everything else is separate property and stays with its owner, but separate property converts into relationship property more easily than most people expect, which is what a contracting out agreement exists to control.

What is always on the relationship property list?

The family home and family chattels, the house you live in, furniture, vehicles used by the family, are relationship property in almost all cases, even if one partner owned the home before the relationship began. Add to that: wages and salary earned during the relationship and things bought with them, property acquired for the couple's common use or benefit, relationship-period KiwiSaver and superannuation gains, and jointly owned property generally.

What stays separate property?

Broadly: property a partner owned before the relationship and kept separate, inheritances, gifts from third parties, and property both partners agree is separate, most reliably in a prenup. Heirlooms and taonga have their own protection. The critical word is "kept": separate property retains its status only while it stays genuinely separate.

How does separate property become shared?

Three main routes. Mixing: an inheritance paid into the joint account that pays the mortgage stops looking separate quickly. Use: a pre-owned house becomes the family home, and the family home is relationship property. Contribution: where the other partner's efforts or relationship property increase the value of separate property, that increase can become relationship property, the classic case being a business one partner owned that grew during the relationship with the family's support.

These conversion rules are fair defaults and terrible surprises. They are the reason a well-drafted agreement classifies not just what you own now but what each asset may turn into.

Debts, KiwiSaver and the details people miss

Debts classify like assets: relationship debts come off the relationship property pool, personal debts stay personal, and the line between them is argued as often as the assets are. KiwiSaver is split by period: the balance at the start of the relationship is separate, contributions and growth during it are relationship property, a calculation that gets complicated fast and is far easier to fix by agreement. Student loans, business debts secured on the family home, and tax liabilities all deserve explicit treatment in your agreement.

Common questions

Is the family home always split 50/50 in NZ?: Generally yes, once the Act applies: the family home and chattels are relationship property shared equally regardless of who bought the home or when, subject to limited exceptions and to any contracting out agreement setting different rules.
Is my KiwiSaver relationship property?: The portion contributed and earned during the relationship generally is; the balance you brought in is separate property. On separation the relationship portion is valued and divided, usually by a transfer between funds.
Is an inheritance relationship property?: Not initially: inheritances are separate property. They convert if mixed with relationship property or applied for the couple's common benefit, such as paying down the family home mortgage. Keeping an inheritance separate, or classifying it in an agreement, preserves its status.
Does it matter whose name is on the title?: Very little. Classification under the Act depends on the nature and use of the property and the timing of its acquisition, not on legal title. Sole ownership of the family home does not prevent equal sharing.

Thinking about a prenup?

The right order matters. Agree the big things together first, then each of you gets your own lawyer to advise on and certify the agreement. That second step is what makes it binding.

See how to get started

Sources

All information published on prenup.nz, including this guide, is general information only and is not to be construed as legal advice. We strongly recommend seeking independent legal advice about your own situation. A contracting out agreement only binds you once each partner has taken independent legal advice and a lawyer has witnessed and certified each signature, as section 21F of the Property (Relationships) Act 1976 requires.