Rainey Collins Lawyers

Selling Off the Family Silverware

By Alan Knowsley, Wednesday, 1 January, 2003, Family

A little known aspect of New Zealand matrimonial and relationship property law is that a party to a marriage or de facto relationship can be prosecuted by the Police for selling off furniture, heirlooms, paintings or other chattels before agreement has been reached or Court orders have been made about how those items are to be divided.  The penalty is a maximum of three months imprisonment or a fine not exceeding $2,000.00.

This is worth knowing, not so much because the Police charge large numbers of people in this way (they don’t) but as a reminder that the period after a couple decides to separate can be legally as well as emotionally uncertain.

The best way of resolving this uncertainty (or at least the legal aspect of it) is to consult a lawyer early in the separation and have a relationship property agreement drafted which sets out how jointly owned property and debts are to be dealt with.

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