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Miramontes v Brennan [2017] NZFC 4298

Published 01 August 2017

Reserved decision — division of property — relationship of short duration — marriage of short duration — unequal distribution — Property Relationships Act 1976. The parties began living together in a relationship resembling marriage in September. The court found that the parties were in a relationship for a period of two years and four months, as the parties had separated and recommenced the relationship as a trial at a later date. The court found that the contributions made by the Applicant to the relationship were greater than those made by the Respondent, as she had contributed a home and income, as well as care for the Respondent; and that the Respondent had contributed less in that he had no material assets, and a negligible income. The court quantified the Respondent's contribution to the relationship as being no more than 10 per cent. Following separation, the property owned by the Applicant burnt down. The Applicant salvaged and sold the land. The court found that because the nature of the asset had changed between the separation of the parties and the hearing, the fairest way to deal with the property was to consider the land value following the fire. At that point in time the land was considered "unsaleable" and the court considered that the best guide would be to adopt the land value at the date of separation. No order was made for the Applicant to account to the Respondent for a sum of money. No order was made as to costs. Judgment Date: 13 July 2017. * * * Note: Names have been changed to comply with legal requirements * * *