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Who owns what in a marriage in New Zealand?

Property acquired during the marriage is joint by default

New Zealand presumes an equal share of the relationship property after a relationship of three years or more, and the spouses can contract out of this by agreement.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Property that counts as relationship property, such as the family home and family chattels, is shared even if it is in one name. Property from before and inheritances are generally separate.

When the marriage ends in divorce

Relationship property is divided equally for a relationship of three years or more, with limited exceptions, and a court decides more flexible arrangements for shorter ones.

A marriage contract

Spouses can make a written agreement to contract out of the rules, and each must have independent legal advice for it to be valid.

What stays your own, and gifts

Separate property, such as property from before and gifts and inheritances, is generally outside the sharing, unless it is mixed into the family property.

If one spouse is a foreigner

A foreign spouse should check whether New Zealand courts have jurisdiction and which law applies to property abroad.

Understand the legal system first

New Zealand belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the New Zealand legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in New Zealand? →

Official sources

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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.