Heal v Lear [2020] NZFC 1198

Published 05 June 2020

Relationship property division — company shares — family home — chattels — rent — gifts — loans — bonus bonds — motor vehicle — status of inheritance — fire arms — horses — insurance — separate property — de facto relationship — ancillary powers of court — Property (Relationships) Act 1976, ss 8, 9A, 10 & 33 — Mills v Dowdall [1983] NZLR 154 — Cossio v Cossio [2018] NZHC 2779. The parties were in a dispute over the division of relationship property after their 14-year relationship came to an end. The Judge was satisfied that both houses owned by the parties were relationship property to be divided equally. One property would vest in each party, with the applicant paying the respondent $90,000 for excess contributions made to the property. Horses and related gear, bank accounts, as well as furniture and chattels were relationship property also for equal division. Unfortunately the parties had been disorganised in running their affairs and it would take some effort to sort out the exact value of property and bank accounts. Leave was granted for one month to allow the parties to seek further clarification from the Court. Company shares were the separate property of the applicant as he had established the company separately from the relationship with his family and there was no intermingling of the company and the relationship, nor did the respondent contribute to the company in a way that entitled her to have a share of it. Each party was to own any taonga or items related to their heritage. Judgment Date: 27 February 2020. * * * Note: names have been changed to comply with legal requirements. * * *