Where can I find the exact law regarding occupational rent?

Forums › Off topic › Where can I find the exact law regarding occupational rent?

tom1111tom

21 posts

Geek
+1 received by user: 1

#323265 12-Nov-2025 14:56

According to many websites, when a couple spits up and one person remains in the family home, this person may need to pay rent.

I'm trying to find the exact law regarding this. None of the websites link to the law.

I know there used to be a lawyer who was pretty prolific on this forum. Does anyone know that exact Act and Section that covers "occupational rent" in this scenario?

Dynamic

4015 posts

Uber Geek
+1 received by user: 1849

ID Verified

Trusted

Lifetime subscriber

#3433791 12-Nov-2025 15:09

I'm not sure there is a specific law around this. It may be simply a 'division of assets' thing.

If a couple is living in a mortgage-free home and they separate resulting in one person moving out, the person moving out loses the benefit of the 'free' accommodation and for 'division of assets' reasons the person who has the benefit of the home should normally provide compensation to the person who has lost the benefit of the home. It's a smaller/temporary version of the person who stays in the home (if they choose to and have the capability to) buying out the share of the person who has left the home when the assets are split.

The separating couple may choose to 'give' a portion of joint savings to the person who has left the home to cover expenses like rent for a period of time while things are formalised.

Keep very good documentation, in case an amicable split does not stay amicable.

“Don't believe anything you read on the net. Except this. Well, including this, I suppose.” Douglas Adams

wellygary

8810 posts

Uber Geek
+1 received by user: 5287

#3433795 12-Nov-2025 15:45

There will not be one, NZ rarely has prescriptive legislation, its will be seen in the context of the partners "sharing equally" - which is the language used in the Property (Relationships) Act 1976

"11 Division of relationship property
(1) On the division of relationship property under this Act, each of the spouses or partners is entitled to share equally in—
(a) the family home; and
(b) the family chattels; and
(c) any other relationship property.

(2) This section is subject to the other provisions of this Part.
https://www.legislation.govt.nz/act/public/1976/0166/latest/whole.html#DLM441220