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Jessica
Consultant
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
Chris The Lawyer, Expert
In this situation, your husband has had the advantage of the use of the property over the three-year period and it should therefore give you a credit for what is called occupational rental. He has had the use of your half share, and this is adjusted by looking at the market value for rental of this property, and he should give you a credit for half of the market mental the use of the property. This is likely to be at least as much as the mortgage payments and so should cancel out any claim by him. You are quite correct that the payment by you of the rental because you could not live in the property is a factor. You also have a possible claim for what is called economic disparity. He is going to end up significantly better off because of his greater income and because it will be difficult for you to buy another property with your low income. In short, it is not nearly as bad for you as he is trying to present.
Chris The Lawyer, Expert
Chris The Lawyer, Expert