How to protect your relationship property rights if your name isn't on the title

I’ve separated from my partner, and my name isn’t on the title to our property - what should I do?

Although your name is not recorded on the title to the property, you may still have rights under the Property (Relationships) Act 1976 (“PRA”). 

One of the first protective steps you should consider is registering a Notice of Claim (“NOC”) against the title to the property. 

 What is a NOC and why is it important?

A NOC is a legal notice registered against the title to a property. The primary purpose of a NOC is to protect your potential relationship property rights while your matter is being resolved.

Registering a NOC:

• Alerts third parties (potential buyers, banks, or other lenders) that you claim an interest in the property.
• Prevents your partner (the registered owner) from selling, transferring, mortgaging, or otherwise dealing with the property without your consent. 
• Ensures your rights are not defeated during separation. 

In summary, a NOC keeps the property “on hold” until your relationship property matters are addressed.

What do I need in order to register a NOC?

To register a NOC, you must be able to show that you have an entitlement to the property or claim it forms part of your relationship property under the PRA.

We can take care of the registration process for you by submitting the NOC to Land Information New Zealand (“LINZ”).

How is a NOC different from a caveat?

NOCs and caveats are often confused because both are registered against property titles and both restrict the registered owner’s ability to deal with the property. However, they serve different purposes. 

NOCs are specifically used in the context of relationship property disputes under the PRA. They are designed to temporarily protect your interest while the division of property is being worked through. 

Caveats are much broader in scope and are used to protect any legal or equitable interest. 

In most separation situations involving property, a NOC is the appropriate mechanism rather than a caveat. 

For more information or legal assistance regarding Relationship Property, feel free to contact us by email at [email protected] or by telephone on (07) 282 0174.