New Zealand Legislation: Acts

81 Presumption that property of deceased spouse or partner is relationship property

• (1) All the property that was owned by the deceased spouse or partner at his or her death is presumed, in the absence of evidence to the contrary, to be relationship property.

  (2) A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion.

  (3) This section is subject to Part 6 and section 87.

  (4) Nothing in this section applies to property to which section 10(2) applies.

  Section 81: added, on 1 February 2002, by section 61 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

  Section 81 heading: amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 81(1): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).