I have left husband 3 years ago..he stayed in our house while i had to pay $500 rent a week elsewhere. The house is just

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Customer: I have left husband 3 years ago..he stayed in our house while i had to pay $500 rent a week elsewhere. The house is just valued at $730 and mortgage $210. He wants to buy me out my share. He now wants to take the mortgage outstanding of my amount but i dont agree because if he keeps house its all his equity and he wants to minus the 3 years he paid mortgage but i feel only half of the amount because he staued in the house while i had to pay rent somewhere else. Am i wrong? Please help me
JA: What state are you in? It matters because laws vary by location.
Customer: Im in new Zealand
JA: What steps have you taken so far?
Customer: Nothing. Cant afford it. He earns $150 000 a year and im earning $20 000 a year
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This is my major question at moment. Thank you kindly
Answered by Chris The Lawyer in 1 hour 2 years ago
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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

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.

Customer
Thank you for your prompt reply. He is also saying that i have to pay $40 000 for furniture i took. The furniture is a lounge suit that cost us $7500 about 13 years ago and bedroom suit that cost us around $7000 around same time. What is the procedure on this please. Im greatfull for your help because i sure cant afford a laywer.
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Chris The Lawyer, Expert

That is just nonsense because second hand furniture is seldom worth much at all
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Chris The Lawyer, Expert

There are lawyers who will help and get paid at the end of the case from the result of the negotiations or if necessary the court case
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