Sole Ownership in Marriage NZ: What It Means for Couples Buying Property

When a couple buys a home in New Zealand, sole ownership, a legal arrangement where one person holds full title to a property, even if married. Also known as individual ownership, it means only one spouse is named on the title, regardless of who pays the mortgage or contributes to the deposit. This isn’t just a paperwork detail—it changes what happens if you split up, if one partner dies, or if you later want to sell or refinance.

Many assume that getting married automatically means shared ownership, but that’s not true in New Zealand. You can buy a house in your name alone, even after marriage. This setup is common when one partner has stronger credit, saved a larger deposit, or owns the property before marriage. But it also brings risks. If the sole owner passes away without a will, their estate goes through probate, and the surviving spouse may not automatically inherit the home. In contrast, if you own as joint tenants, a form of co-ownership where both parties own the whole property equally, and the survivor gets it automatically upon death, the home skips probate and transfers directly. That’s why couples often choose joint tenancy for simplicity and protection.

Another key difference is tenancy in common, a type of shared ownership where each person owns a specific share—like 50/50 or 70/30—and can leave their portion to someone else in their will. This matters if you’re buying with a partner who isn’t your spouse, or if you want to protect your family’s inheritance. Sole ownership doesn’t offer that flexibility—it’s all or nothing.

There’s also the issue of debt. If one spouse has student loans, credit card balances, or business liabilities, putting the home in their name alone might protect it from creditors. But if the marriage ends, the non-owner spouse could still claim a share under the Property (Relationships) Act 1976—especially if they contributed to renovations, mortgage payments, or childcare. Courts look at financial and non-financial contributions, not just names on a deed.

So why do people pick sole ownership? Sometimes it’s practical. One partner might have a better loan approval chance. Or they’re buying a first home before marriage and keep it in their name. But it’s rarely about control—it’s about misunderstanding the law. Many think sole ownership keeps the home "safe," but in NZ, relationship property rules override that assumption after three years of marriage or de facto partnership.

What you’ll find in the posts below are real stories and legal breakdowns from couples who’ve navigated this. You’ll see how joint ownership can backfire if one partner defaults, how staircasing to full ownership works after marriage, and why some landlords in Auckland won’t rent to couples unless both names are on the lease. There’s also a guide on what happens if you separate after buying as sole owners, and why the most trusted real estate agents in New Zealand always ask: "Who’s on the title?" before you sign anything.