Section 16 — Property (Relationships) Act 1976: Adjustment when each spouse or partner owned home at date relationship began

16 Adjustment when each spouse or partner owned home at date relationship began (1) This section applies if,— (a) at the date the marriage, civil union, or de facto relationship began, each spouse or partner owned a home; and (b) each of those homes was capable of becoming a family home; but (c) at the time when the relationship property is to be divided, the home (or the proceeds of the sale of the home) of only 1 spouse or partner is included in the relationship property. (2) This section also applies if,— (a) before the marriage, civil union, or de facto relationship began, each spouse or partner owned a home; and (b) each of those homes was capable of becoming a family home; and (c) 1 of the spouses or partners ( party A ) sold his or her home in contemplation of the marriage, civil union, or de facto relationship; and (d) at the time when the relationship property is to be divided,— (i) the home (or the proceeds of the sale of the home) of the other spouse or partner ( party B ) is included in the relationship property; but (ii) the proceeds of the sale of party A's home are not included in the relationship property. (3) If this section applies, the Court may adjust the shares of the spouses or partners in any of the relationship property (including the family home and the family chattels) according to what it considers just to compensate for the inclusion of the home of only 1 spouse or de facto partner in the relationship property. (4) This section overrides sections 11 to 14A . Sections 11 to 18, and the headings before sections 11 and 15, were repealed, and a new Part 4 (comprising sections 11 to 18C) was inserted, as from 1 February 2002, by section 17 Property (Relationships) Amendment Act 2001 (2001 No 5).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. The heading to section 16 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 ” . Subsection (1) 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 ” in both places they appear. Subsection (1)(a) was amended, as from 26 April 2005, by section 3(3) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union, ” after the word “ marriage ” . 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 ” in both places they appear. Subsection (2)(a) and (c) was amended, as from 26 April 2005, by section 3(3) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union, ” after the word “ marriage ” . Subsections (2)(c) and (3) were 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 ” .