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My partner works on my family farm. Can they bring a relationship property claim?

Yes, it’s possible.

The Court may make an adjustment where the separate property of one spouse has been sustained by either the application of relationship property or the actions of the other spouse.

There is no definition of the word “sustained” in the Property (Relations) Act but case law confirms that it carries the notion of preserving separate property and of keeping it in its existing condition and continuing its value (i.e maintenance).

In one case, the couple were married for 28 years. The husband had purchased half his family’s farming property in 1978, and acquired the other half as a beneficiary of a trust in 1988. The wife was involved in farm work (dagging sheep, working dogs, mustering, fencing, general work and irrigation, spraying, mowing and irrigating the orchard). The Court said that the wife’s actions sustained the farm and therefore, she had a relationship property interest in the farm.

In a 2007 case, Mrs Vowles was awarded compensation for having sustained her husband’s farm. She had worked in the farm, planting, trimming and replanting shelter belts. She also maintained and improved the fences and races on the farm. Mrs Vowes had “selflessly applied herself to the farming operation and to the household for 21 years of marriage”. She had “undertaken unpaid work as a labourer, housekeeper, childminder, farm hand and bookkeeper”.

In another case, the deceased’s widow successfully argued that her work on the farm and the application of farm income sustained the husband’s farm.

If you want to feel safe knowing your family farm is protected so you can enjoy your relationship feel to call me on 021 077 7785 or email me at Hayley@caringestates.co.nz