Published 26 February 2020
Relationship property division — family home — company shares — occupation rent — sustenance — destruction of property — costs — Property (Relationships) Act 1976, ss 8, 9, 11(1)(a), 17, 18, 18B, 18C, 26 & 40 — Family Court Rules 2002, r 207 — Legal Services Act 2011, s 45(4) — A v R [2007] 2 NZLR 399. Following the end of a seven year relationship, the parties were unable to to finalise division of their relationship property. At issue for the court was whether the value of the family home and whether it should be sold or vested in either party; to what extent , if any, shares were relationship property; the extent of any compensation to be paid in respect of occupation rental, damage to goods and sustenance; any other adjustments; and costs. Each party wanted the family home to vest in themselves but only the applicant could realistically afford to pay out his former partner. The Judge ordered the family home would vest in the applicant, with the respondent receiving a half share of the $762,500 value. Adjustments were made in favour of the applicant of $19,469.76 for occupation rent, $5,100 for property the respondent had thrown into a pool, $11,000 to equalise Kiwisaver contributions and $450 for a fee incurred by the respondent in getting a car impounded. The respondent was ordered to pay costs on a 2B basis plus 50 per cent, as her conduct had prolonged the proceedings and caused the applicant unnecessary costs. Judgment Date: 20 December 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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