General information only — not legal advice. Whether a de facto relationship qualifies for legal rights depends on the facts, including how long you have been together and whether there are children. This guide explains the general position in New Zealand. If you are in a de facto relationship and want certainty, get advice from a qualified New Zealand lawyer.
The short answer
Yes — de facto partners have significant legal rights in New Zealand, in many ways similar to married couples. Those rights generally apply once the relationship qualifies — usually after living together as a couple for three years or more, or for a shorter time if there is a child. Rights include property, inheritance and the ability to claim against an estate.
What counts as a de facto relationship
Under New Zealand law, a de facto relationship is a relationship between two people who live together as a couple and are not married or in a civil union. Whether a relationship qualifies depends on the circumstances — including how long you have been together, whether you share a home, finances and daily life, and whether there are children. The general rule is that a relationship of three years or more qualifies, and a shorter relationship can qualify if there is a child or a significant contribution to the relationship.
Property rights
Under the Property (Relationships) Act 1976, partners in a qualifying de facto relationship generally share relationship property equally when the relationship ends or one partner dies. Relationship property includes the family home, household chattels, and assets acquired during the relationship. Separate property — such as assets brought into the relationship — is generally not shared.
Rights if your partner dies
On death, a de facto partner may have rights in several ways:
- if there is no will, a qualifying de facto partner is treated like a spouse under the intestacy rules and may inherit a substantial share of the estate;
- if there is a will, the partner receives only what the will gives them — but they may still have property rights under the Property (Relationships) Act; and
- a de facto partner can also bring a claim under the Family Protection Act 1955 if the will does not make adequate provision for them.
Why a will matters for de facto partners
Unlike marriage or civil union, a de facto relationship does not automatically change your will. If you have a will from before the relationship, it stays exactly as it is — which means your partner may inherit nothing, and an old executor or old beneficiaries may still control your estate. A new will is the only reliable way to make sure your partner is provided for.
The limits on de facto rights
Rights are not automatic for every relationship. Important limits include:
- the relationship must qualify — duration, children and circumstances all matter;
- rights generally apply to relationship property, not separate property;
- a relationship that has ended may no longer carry the same rights; and
- a properly made property agreement can change how rights apply.
The bottom line
De facto partners have real legal rights in New Zealand — to property, to inheritance when there is no will, and to claim when a will does not provide for them. But those rights depend on the relationship qualifying, and they do not replace the need for planning. A will and, where appropriate, a property agreement give you certainty that the law alone cannot. Our guide on wills and new partners and guide on legal issues cover the detail.