Holmes v Holmes [2019] NZFC 4370

Published 14 October 2020

Division of relationship property — personal debt — equal division — compensation for contributions — house expenses — expenses of children — transfer of family home — motor vehicles — chattels — respondent failed to take steps in proceedings — Property (Relationships) Act 1976, ss 1, 18B & 26 — X v X (Economical Disparity] [2009] NZCA 399; [2010] 1 NZLR 601 — IAT v SJG [2013] NZHC 2976. The applicant sought equal division of the parties' relationship property, subject to an adjustment for compensation for his contributions to the family home and children following the relationship break down. The respondent made no appearance at the hearing and provided no evidence. The Judge accepted the applicant's evidence on the relationship property and its value as being $215,400. The applicant submitted he was entitled to compensation under s 18B of the Property (Relationships) Act (the PRA) on the basis that he had maintained the family home and four children entirely by himself for five years, at a cost of $108,720, with only $2,400 from the respondent in the form of child support payments. The Judge reviewed case law which supported compensation of this kind and found the applicant was entitled to $25,072 (being half the amount of house expenses) and $76,484 for the expenses relating to the children. This amount was more than the respondent's half share of the relationship property so the family home was to be transferred into the applicant's name and he was to keep all bank accounts and chattels in his possession at the time. The respondent was to keep all assets and chattels in her possession. Judgment Date: 14 June 2019. * * * Note: names have been changed to comply with legal requirements. * * *