Section 8 — Property (Relationships) Act 1976: Relationship property defined

8 Relationship property defined (1) Relationship property shall consist of— (a) The family home whenever acquired; and (b) The family chattels whenever acquired; and (c) All property owned jointly or in common in equal shares by the husband and the wife or by the partners; and (d) all property owned by either spouse or partner immediately before their marriage, civil union, or de facto relationship began, if— (i) the property was acquired in contemplation of the marriage, civil union, or de facto relationship; and (ii) the property was intended for the common use or common benefit of both spouses or partners; and (e) subject to sections 9(2) to (6) , 9A , and 10 , all property acquired by either spouse or partner after their marriage, civil union, or de facto relationship began; and (ee) subject to sections 9(3) to (6) , 9A , and 10 , all property acquired, after the marriage, civil union, or de facto relationship began, for the common use or common benefit of both spouses or partners, if— (i) the property was acquired out of property owned by either spouse or partner or by both of them before the marriage, civil union, or de facto relationship began; or (ii) the property was acquired out of the proceeds of any disposition of any property owned by either spouse or partner or by both of them before the marriage, civil union, or de facto relationship began; and (f) [Repealed] (g) the proportion of the value of any life insurance policy (as defined in section 2 ), or of the proceeds of such a policy, that is attributable to the marriage, civil union, or de facto relationship; and (h) any policy of insurance in respect of any property described in paragraphs (a) to (ee) ; and (i) the proportion of the value of any superannuation scheme entitlements (as defined in section 2 ) that is attributable to the marriage, civil union, or de facto relationship; and (j) all other property that is relationship property under an agreement made under Part 6 ; and (k) any other property that is relationship property by virtue of any other provision of this Act or by virtue of any other Act; and (l) any income and gains derived from, the proceeds of any disposition of, and any increase in the value of, any property described in paragraphs (a) to (k) . (2) In proceedings commenced after the death of 1 of the spouses or partners, this section is modified by section 83 . The heading to section 8 was amended, as from 1 February 2002, by section 14(5) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ Relationship ” for the word “ Matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Section 8 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 ” wherever they appear. Subsection (1) was amended, as from 1 February 2002, by section 14(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ relationship ” for the word “ matrimonial ” where it first appears. 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(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (1) 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 ” wherever it appears. Subsection (1)(a) was amended, as from 1 February 2002, by section 14(1)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ family ” for the word “ matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1)(c) was amended, as from 1 February 2002, by section 14(1)(c) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the words “ husband and the wife ” , the words “ or by the de facto partners ” . See Part 9 of this Act as to the transitional and saving provisions. Paragraph (e) was substituted, and paragraph (ee) was inserted, as from 16 December 1980, by section 2(1) Matrimonial Property Amendment Act 1980 (1980 No 74). Subsection (1)(d) to (ee) was substituted, as from 1 February 2002, by section 14(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Paragraphs (f) and (h) were amended, as from 16 December 1980, by section 2(2) Matrimonial Property Amendment Act 1980 (1980 No 74) by substituting the words “ paragraphs (a) to (ee) ” for the words “ paragraphs (a) to (e) ” . Subsection (1)(f) was repealed, subsection (1)(g) to (k) were substituted, and subsection (1)(l) was inserted, as from 1 February 2002, by section 14(3) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was inserted, as from 1 February 2002, by section 14(4) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.