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Alden v Levitt [2022] NZFC 3580

Published 17 March 2023

De facto relationships — property — separation — Care of Children Act 2004 — Property (Relationships) Act 1976 — Levitt v Alden [2017] NZFC 7234. The parties had four children together and applied for a division of property after separation. The applicant sought division of the property as the respondent remained in possession of their two properties. The main issue was whether the parties were ever in a relationship for the property division, as the respondent argued that they were not. The parties had been living together on and off for years and they had four children together. The respondent confirmed his relationship with the applicant previously in Court for other matters. The respondent's evidence had been inconsistent throughout the proceedings. The Judge considered the evidence and decided that the parties had been living together as a couple since 2002 until their separation in 2015.The Judge ordered that the property in question be sold promptly, and any profit from the sales was to be divided equally. The costs for counsel were to be met by the respondent. Judgment Date: 2 May 2022. * * * Note: names have been changed to comply with legal requirements. * * *