New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of property sharing agreements

Legal area

Court

30 Jun 2021

MARKS v HALSE [2021] NZHC 1595

Citation

[2021] NZHC 1595
Court

High Court

The property sharing agreement expressly provided that where the co-owner did not exercise an option to buy the other's share the applicant's remedy was to place his share on the open market and that sale of the entire property required both parties' agreement; having regard to s 342 the Court refused to force a sale inconsistent with that clear contractual allocation of rights and obligations and dismissed the s 339 application.
12 Jun 2014

REID v REID [2014] NZHC 1323

Citation

[2014] NZHC 1323
Court

High Court

The appeal was dismissed because the appellant could not establish a quantifiable entitlement under the s21 agreement due to intermingling of funds and increases in the secured debt, the property sharing agreement between Mrs Reid and Mrs Lafaialii lawfully entitled the latter to half the sale proceeds (subject to deduction of her personal borrowings), secured bank debts were properly paid from sale proceeds, and the appellant's compensation claims under ss18A and 18C were not proved.