Section 9 — Property (Relationships) Act 1976: Separate property defined

9 Separate property defined (1) All property of either spouse or partner that is not relationship property is separate property. (2) Subject to sections 8(1)(ee) , 9A(3) , and 10 , all property acquired out of separate property, and the proceeds of any disposition of separate property, are separate property. (3) Subject to section 9A , any increase in the value of separate property, and any income or gains derived from separate property, are separate property. (4) The following property is separate property, unless the Court considers that it is just in the circumstances to treat the property or any part of the property as relationship property: (a) all property acquired by either spouse or partner while they are not living together as husband and wife or as civil union partners or as de facto partners: (b) all property acquired, after the death of 1 spouse or partner, by the surviving spouse or partner, as provided in section 84 . (5) Subject to subsection (6) , all property acquired by either spouse or partner after an order of the Court (other than an order made under section 25(3)) has been made defining the respective interests of the spouses or partners in the relationship property, or dividing or providing for the division of that property, is separate property. (6) However, where relationship property has been divided on the bankruptcy of a spouse or partner,— (a) the family home and any family chattels acquired after that division may be relationship property; and (b) any other property acquired by either spouse or partner after the discharge of that spouse or partner from bankruptcy may be relationship property. Subsection (2) was amended, as from 16 December 1980, by section 3 Matrimonial Property Amendment Act 1980 (1980 No 74) by substituting the expression “ sections 8(ee) and 10 ” for the expression “ section 8(e) and 10 ” . Subsection (5) was amended, as from 1 January 1984, by section 3 Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145) by inserting the words “ (not being an order made under section 25(3) of this Act) ” . Section 9 was substituted, as from 1 February 2002, by section 15 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsections (1) and (4) were 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 (4)(a) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ or as civil union partners ” after the word “ wife ” . Subsection (5) 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 ” . Subsections (5) and (6) were 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.