A law professor said the recent court ruling on 'throuple' sets a precedent for future cases.
The Supreme Court has ruled that an ex-polyamorous relationship could all be entitled to a share of their former $2 million property in Kumeū, Auckland.
The case is centred around Brett Paul, ex-wife Lilach Paul, and Fiona Mead, who were all in a relationship for 15 years.
The trio all lived at the Kumeū farm which was bought by Mead and in her name. All three worked and contributed to the household until 2017 when Lilach broke up with Brett and Mead, who then also separated one year later.
In 2019, Lilach asked the Family Court to determine the parties' respective shares in the farm which triggered a string of legal cases.
On Tuesday, the Supreme Court released its decision ruling all three members have equal claim to relationship property, a right usually reserved only for legally married or de facto couples.
"Both the Court of Appeal and the majority of the Supreme Court took the view that while they are living together as a throuple they are also a series of couples," Auckland University family law Professor Mark Henaghan told AM.
Prof Henaghan said the Property Relationship Act is based on the idea that once you are in a relationship you share the risks and rewards.
He said the court found the trio were in a series of couples: Lilach and Greg were in a married relationship, Fiona and Lilach were in a defacto relationship and Fiona and Greg were also in a defacto relationship.
"It does set the precedent that, basically, if you are living together in this situation then you can be able to make a claim under the act," Prof Henaghan said.
"These three are committed to each other as a relationship so they are effectively a family relationship… Therefore their argument is we should come under the act because we are a form of family relationship and, therefore, we should share the property equally."
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