Just want to kno what are my rights if my husbands divorce me .we have 2 houses on our name which we pay morgafe .2 yrs

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Customer: Hi
JA: Hello. How can I help?
Customer: hi just want to kno what are my rights if my husbands divorce me .we have 2 houses on our name which we pay morgafe .2 yrs old daughter as well .He has got family house and land also that land he showed as a security to buy our 2nd house.
JA: What state are you in? It matters because laws vary by location.
Customer: Auckland
JA: What steps have you taken so far?
Customer: No steps he everyday just saying he will run away not staying and he put his land for sale as well
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no this is the one what are my rights if he divorce me and can he sell his land without bank know as he took loan against that land for this house and if he divorce me wo liable for morgage
Answered by Chris The Lawyer in 31 mins 2 years ago
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Chris The Lawyer
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Customer
I am bit worried as if he divorce me wats my right as i am legally married to him
Customer
If he sell his land without telling me den how can he give me anythng and wat about this house morgage
Customer

my email adress is ********@gmail.com

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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 your question
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Chris The Lawyer, Expert

If the land is on the mortgage then he cannot sell it without paying the mortgage. If he leaves and does not pay the mortgage then the bank will sell the properties if the payments are not made
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Chris The Lawyer, Expert

If he leaves you to pay the mortgage you can do things like put a tenant in the other property you don’t live in, and use that to pay the mortgage
Customer
Hi Chris no land is morgage free
Customer
he used that land to buy this property where we living
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Chris The Lawyer, Expert

You can register a Notice under the Property Relationship Act to protect your interest in the properties and that stops him selling the properties unless you agree
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Chris The Lawyer, Expert

Any family lawyer could help you arrange for this
Customer
He not selling these 2 properties which is under both of our names he just try to sell his own land on which buy a loan from bank to buy one of our property
Customer
His land i think involve in buying our property Chris
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Chris The Lawyer, Expert

You can still register the notice on the land if it was used to help buy your houses

Customer
I think he used his land as a security to buy one of this property so my question is can he sell his land outside without knowing bank
Customer
if i dont want to sell this property
Customer
As i dont want to sell this property where m living its my name on it as well
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Chris The Lawyer, Expert

If the land has a security which will be a mortgage, he cannot sell it without telling the bank. And you can stop him selling by registering the Notice under the Property Relationships Act

Customer
this is marital property
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Chris The Lawyer, Expert

He cannot sell any property which is also in your name unless you agree to a sale. if you do not agree he cannot sell

Customer
I cannot stop him selling as he dont tell me anythng
Customer
he already put land on trade me to sell
Customer
he not even giving me divorce
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Chris The Lawyer, Expert

So you need to see a family lawyer who will help you take steps to stop him. It does not matter if the land is on Trade Me because thats just to try to sell. To sell the property he needs the bank to agree and you have to agree.

Customer
his brotherin law told me he will not divorce u je just playing game with me not staying home he will divorce once land sell so that he will not give any money out of it and spend on himself
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Chris The Lawyer, Expert

You can stop him selling. There are good strong ways to stop him. And you can tell him to leave and that is enough to start the divorce

Customer
I think he just playing games.i told him watever u want to do do it legally he said once i will arrange not anythng after that .den he said he staying in dis house bcos he dont have place to go once he sell his land he will buy lace for him den he go ...he normalyy go for week and comeee never tell were he go
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Chris The Lawyer, Expert

I agree he is playing games with you and you can stop this by putting the Notice on the land and houses

Customer
he just try b to b nice with my daughter and not talk to me .he at home not even look after my daughter and not help in any household wrk
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Chris The Lawyer, Expert

Tell him to leave and you will stop him seeing your daughter

Customer
His lsnd is on his name his mothers property that is heritage is on his name and his 2 sisters name he has got 1/3rd share of his mums house as well .just need to kno how mch he has to give me after he divorce me like 50 percent of everythng or wat
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Chris The Lawyer, Expert

When you separate he must share the relationship property 50/50

Customer
Relationship property means only these 2 houses thats on our name
Customer
or from heritage too
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Chris The Lawyer, Expert

It may be possible to claim against his share in the land as well

Customer
few days ago he tol
Customer
Few days ago he told me that he will put his share of both these house on daughters name on trust ...wat if i wantvto sold these property later den wat
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Chris The Lawyer, Expert

He cannot do anything with the houses unless you agree

Customer
Even thou he said he put his share of this house in my daughters name on trust name
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Chris The Lawyer, Expert

Are the properties in a family trust?
Customer
I kno these 2 houses is on both of our name ..and he told me 2 times i will not give u my share i will put my share in trust under daughters name ...can he do that as houses on both our name ....and if he divorce me and put his share under trust can i sell house later if i wnt to
Customer
no
Customer
no properies not in family trust
Customer
properties under our both names
Customer
These 2 properties under me and his names
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Chris The Lawyer, Expert

He cannot transfer his share into a trust for your daughter. He cannot sell the properties without your agreement. If you do not agree to this, then he cannot do anything. He is just trying to trick you.
Customer
Omggg he just made my life help he is just a cheater and liar just busive man and scared me and my daughter and just make us more scared telling about the land and all as i kno land is a srcurity with bank as he took loan against land for this property as far i kno if he sell land bank will take their money first and he has to finish of the morgage of this ..may b me wrong or right
Customer
ok Chris if i want to talk to you again and if any questions will txt you tomorro can i get you again for the question otherwise i have to repeat
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Chris The Lawyer, Expert

If the land is sold the bank must get paid first. So you can talk further tomorrow and ask for me
Customer
Thanks for your help Chris
Customer
will talk you Tommorow if i wnt to kno somethng
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Chris The Lawyer, Expert

Ok
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