Section 80 — Property (Relationships) Act 1976: Classification of property

80 Classification of property (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) if the marriage, civil union, or de facto relationship ends while both spouses or partners are alive, by the use to which they put the property while they lived together: (b) if the marriage, civil union, or de facto relationship does not end while both spouses or partners are alive, by the use to which they were putting the property at the date of the death of the deceased spouse or partner. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2)(a) and (b) 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)(a) and (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 ” . Subsection (2)(b) 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 ” .