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StatuteProperty (Relationships) Act 1976

Section 52B — Property (Relationships) Act 1976: Priority of claims where 2 de facto relationships

Text of the provision Official document

52B Priority of claims where 2 de facto relationships (1) This section applies in respect of relationship property if— (a) competing claims are made for property orders in respect of that property but in relation to different de facto relationships; and (b) there is insufficient property to satisfy the property orders made under this Act. (2) If this section applies, the relationship property is to be divided as follows: (a) if the de facto relationships are successive, then in accordance with the chronological order of the de facto relationships: (b) if the de facto relationships were at some time contemporaneous, then,— (i) to the extent possible, the property orders must be satisfied from the property that is attributable to each de facto relationship; and (ii) to the extent that it is not possible to attribute all or any of the property to either de facto relationship, the property is to be divided in accordance with the contribution of each de facto relationship to the acquisition of the property. Sections 52A and 52B were inserted, as from 1 February 2002, by section 58 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.

Official source: legislation.govt.nz

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