6 Dec 2021
STUART v STONEHAM [2021] NZHC 3316
- Citation
- [2021] NZHC 3316
- Court
- High Court
Court held on appeal that the original one‑third inherited beneficial interest remained separate but the additional one‑sixth interest acquired using relationship funds (and any increase attributable to that application) was relationship property under s 9A; further, inherited cash paid into accounts and used over a multi‑year period was intermingled with relationship property with consent such that it lost separate character under s 10(2); quantified relationship portion of appellant's share as $269,293 (each party share $134,646.50); DST debt treated as relationship property to extent found…
- Relationship property
- Separate property
- Intermingling (s 10)
- Increase in value (s 9a)
- Diminution of separate property (s 17a)
- Consent