I am needing help with relationship property and seperation. I'm in whangarei nz. I seperated from my husband on the 7th

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Customer: I am needing help with relationship property and seperation
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in whangarei nz
JA: What steps have you taken so far?
Customer: I seperated from my husband on the 7th of February this year. We bought a house together in August and had been together for ten years.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: All I want is 50 percent of the deposit which was 43,500. I want to know if I should get it written up legally since I would like it paid within a 2 year period.
Answered by Chris The Lawyer in 5 hours 1 year 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

If you have been together for 10 years you are entitled to get a half share of the property. This is calculated by looking at the current value of the house, and taking off the mortgage, and dividing the rest by half. That is your entitlement. You are also entitled to a half share in the furniture and things around the house, any vehicles and Kiwi Saver should be adjusted as well. Sometimes businesses which each of you own become relationship property as well. So that is your entitlement, but if you don't want to take the full share, you can do so and agree to settle on something less. To make a settlement binding each of you needs to see your own lawyer and negotiate a property agreement.

Customer
Thank you Chris. Can I ask about another matter. Regarding relationship property between my mum and dad?
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Chris The Lawyer, Expert

Sure-ask away

Customer
My mum bought our family home when I was 2 and married my step dad when I was 5. He moved out but they were still married when I was 7 and he didn't move back in till after I left when I was 19. He has lived in our family home since he had kidney issues and could no longer work for the past 9 years. My mum has wanted to end there marriage for a while but he will not move out because he has no where else to go. She doesn't want to move out or sell because she bought it and has paid for the mortgage for the past 33 years. His name was added to the mortgage back in somewhere around 2010 for upgrades to the house then he fell sick and couldn't make any payments. Question is how does she divorce someone who lives with her? Also can she sell my sister and I her half of the house. Dad won't sell but my mother has cancer and can not afford to cover the mortgage anymore and dad doesn't pay it either. As the oldest daughter I do not want to pay for a mortgage that I won't get back if that makes sense. My mother has an operation o. The 1st of July to remove a cancerous tumour. She is afraid if she doesn't make it he will make me and my sister with our 5 children to move out because that's what he has threatened. Can he do this?
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Chris The Lawyer, Expert

Unfortunately he will be on the title as an equal owner but also because they have been together for a long time, he is entitled to claim a half share of the property. In some cases it is possible to get a greater share, and in a situation where he hasn't contributed to the mortgage for a long time, you might be able to adjust the share in your mother's favour. But it might be important to get your mother to see a lawyer to make sure that the property is shown as tenants in common in equal shares, and for her to make a will in case something happens to her. It would be hard to avoid your stepfather getting a half share, but you could try getting him to sign a will leaving his share to you and your sister, if he doesn't have any of his own children.

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Chris The Lawyer, Expert

I should add, that he cannot make you and your sister move out. You are there because your mother needs you there, and she can insist

Customer
We are fine with him having his share we understand it is lawful. But we have a brother, my sister Nd brother are full blooded to him. They are his only children but he has cut my sister out and added in people he likes. That's why mum wants to sign her half to us, can she do that? Or can she sell me her half of the house or will he need to agree.
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Chris The Lawyer, Expert

Your mother can put her share as tenants in common in equal shares. That is an important change, which means that she could leave this year to you separately. Otherwise The share passes to your stepfather.These are a little bit difficult to understand, but there are two ways of owning a property with another person. If you are joint tenants, which is most couples, then when one dies, the share passes to the other person. If your mother converts this to tenants in common, her share would then pass however she directs in her will. You should see a family lawyer who can arrange these steps for you. It isn't difficult to do this, and your stepfather doesn't need to agree

Customer
Thank you so much for the advice
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