Section 2H — Property (Relationships) Act 1976: Determination of use to which property put

2H Determination of use to which property put (1) This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put. (2) Where this section applies, that classification is to be determined— (a) by the use to which it was put by the spouses or partners; or (b) if the marriage, civil union, or de facto relationship has ended (other than by the death of 1 of the spouses or partners), by the use to which it was being put before the marriage, civil union, or de facto relationship ended. (3) In proceedings commenced after the death of 1 of the spouses or partners, this section is modified by section 80 . Sections 2A to 2H and the heading preceding section 3 were inserted, as from 1 February 2002, by section 8 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) 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 ” in both places they appear. Subsection (2)(b) 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 ” in both places it occurs. Subsection (3) 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 ” .