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StatuteProperty (Relationships) Act 1976

Section 11B — Property (Relationships) Act 1976: Compensation for absence of interest in family home

Text of the provision Official document

11B Compensation for absence of interest in family home (1) This section applies where— (a) section 11A does not apply; and (b) either— (i) there is no family home; or (ii) the family home is not owned by 1 of the spouses or partners or both of them. (2) Where this section applies, the Court must award each spouse or partner an equal share in such part of the relationship property as it thinks just in order to compensate for the absence of an interest in the family home. (3) This section is subject to sections 12 to 17A . Sections 11 to 18, and the headings before sections 11 and 15, were repealed, and a new Part 4 (comprising sections 11 to 18C) was inserted, as from 1 February 2002, by section 17 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” . Subsection (2) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” .

Official source: legislation.govt.nz

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