I need advice on leaving a defacto relationship. Sorry im in new zealand. Well im one month shy of the 3 years that the

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Customer: I need advice on leaving a defacto relationship
JA: What state are you in? It matters because laws vary by location.
Customer: Sorry im in new zealand.
JA: What steps have you taken so far?
Customer: Well im one month shy of the 3 years that the courts define as defacto. My partner has asked me to leave.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Im needing advise on where i stand as far as property and assets etc.
Answered by Chris The Lawyer in 3 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Can you stay for the last month of the three years because of the Lockdown?

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Chris The Lawyer, Expert

In level 3 you still cannot move homes

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Chris The Lawyer, Expert

From your question, it is clear that you are aware that after three years together you can make a claim for a half share of all relationship property. Before the three years are up, you are limited to claiming for a contribution rather than an equal share. That is why I suggested that if you can hang on then that would be better for you. It might be of course that your partner is also aware of the time which is passed

Customer
Im unsure where i stand with this.
She says i have to leave. I think she may have planned this. I have raised her kids and we have been in a relationship for 8 years. Only the last 3 living together full time
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Chris The Lawyer, Expert

Your situation might in fact be more complicated, because if you have been in the relationship for eight years then it is quite possible that you can make a claim for the half share. In practical terms, it would be difficult for you to move out at the moment in any event

Customer
we lived together for eight months previously to the latest 3 years. We decided that our families were not ready to blend and went back to living desperately.
Customer
Separately sorry.
As i said im pretty sure she has planned this. Im feeling pretty exposed as she says her lawyer has advised i have to leave. She also said the police would assist. There is no abuse involved in this either no criminal acts etc so i wonder if she really has any grounds to kick me out. Please advise
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Chris The Lawyer, Expert

The issue may be if she alleges psychological abuse but that is harder to prove. And the police will be reluctant to move you out because of the lockdown
Customer
well she just left to stay with friends with her kids and left me here with my son. Am i best to sit tight and not make any moves away from the home?.
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Chris The Lawyer, Expert

Yes, you probably are not allowed to leave anyway-she may have breached the rules by moving, although it isnt worth making a fuss in this situation

Customer
There is no psychological abuse here either. Just the pressure of this lockdown and no ability to get help..
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Chris The Lawyer, Expert

There are counsellors available online – there are also mediators working online. It's not easy for people with a rocky relationship being stuck in the same house

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