When two or more people buy property together in New Zealand, they must decide how the property will be legally owned. The two main options are joint tenancy and tenancy in common. Each can have major consequences for couples, families, and relationship property disputes. In family law matters — including separation, estate planning, and blended families — the way a property is owned can significantly affect what happens to the home or investment property.

Sometimes as family lawyers we must rain on people’s parade. We can’t always tell clients what they want to hear. This was one of those times. Despite the fact the home and mortgage were in Rebecca’s sole name, she was dismayed to learn that, by law, the home was relationship property. The principal family residence is given special status in law as the “family home”.