Relationship property — division of property — de facto relationship — clear and present intention — disposition of property claim — Property (Relationships) Act 1976, s 44 — M v H [2017] NZHC 2385 — Sutton v Bell [2023] NZSC 65, [2023] 1 NZLR 169 — Regal Castings Ltd v Lightbody [2008] NZSC 87, [2009] 2 NZLR 433. The parties were together for approximately 10 years and were in proceedings for the division of their property. The property in question was in the respondent's sole name and was transferred into a trust when the parties were early in their relationship. The respondent was one of the trustees. The main issue for determination was whether the transfer of property into a trust was a disposition of property to defeat the applicant's rights under s 44 of the Property (Relationships) Act. To determine this, the Court needed to decide whether the parties had a clear and present intention to be in a de facto relationship when the property was transferred into a trust. The respondent submitted that at the time the transfer was made to the trust, he was not in a long term relationship with the applicant and had no intention of being in one. The applicant submitted that the relationship was serious as they had met each other's family and friends. The Court found that in the beginning of the relationship it was not serious, but at the time of the disposition there were signs of permanence. The Court found there was a clear and present intention to be in a de facto relationship and that the trust was transferred to defeat the applicant's claim. The application was successful. Judgment Date: 3 April 2024. * * * Note: names have been changed to comply with legal requirements. * * *