I have recently separated. We have joint assets. No steps taken yet. Auckland

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Customer: I have recently separated. We have joint assets
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps taken yet
JA: Family law varies by state. What state are you in?
Customer: Auckland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Chris The Lawyer in 4 hours 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

Customer
I have moved out of the family home that we bought together. I have not taken any assets out of the home. I have asked my husband on many occasions for us to discuss how we are going to split the assets. I told him I wanted to fix up the house and sell. He has said he doesn't want to sell, he will do whatever it takes to buy me out. To my knowledge he has taken no steps to look into this. I want to get a separation agreement drawn up but want to make sure where I stand legally. I moved out of the home 10 months ago. Our 16 year old son has been living in the home with his dad. Thank you
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Chris The Lawyer, Expert

If he will not takes steps to pay you out, you can apply for orders in the Family Court. You might not need to go to court to get orders, but it might make him concentrate on making an appropriate offer to pay you out. In the court, the default position if he either will not make an offer, or cannot raise the money to pay you out, then the court will order that the property is sold

Customer
As I am currently not living there, he is paying the mortgage. I am paying other expenses, like credit card debt, I was giving him a weekly amount towards rates, insurance and half my son's costs. However I have stopped doing that in last 6 weeks, as I was paying out for other things and not getting half back from him. Am I still entitled to half the value of the property even though I no longer live there and no longer pay the mortgage?
Customer
I have tried to discuss with him, coming to an agreement on the value of the house contents and him paying me out half. I do not have space for the furniture, nor do I want my son's home to be missing half it's contents. My husband has told me to write a list of what I want. What can I do in this situation?
Customer
We both used our kiwisaver as the initial deposit on the house, I used double what he did. I have mentioned this to him, he thinks the financial input we both have put in over the years is fair. Am I entitled to the extra amount I put in to the deposit?
Customer
We both have a kiwisaver, his is substantially more than mine. I gave up my career to be a more hands on parent and went to working 30 hours a week. Are we entitled to looking at both our kiwisaver combined and splitting this?
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Chris The Lawyer, Expert

You can claim a half share of the present value of the property and you can claim a share of his KiwiSaver. You do look at combining both of your Kiwi saver accounts and splitting  this.

You don’t have to take half of the furniture, but you can take half of the value of the furniture.

I think in your present situation you need to see a family lawyer to help you negotiate the appropriate settlement and push your former partner to take steps. At present he has no incentive to doing anything and has the advantage of the use of the property. So you will need to push them along

Customer
Hi thank you for the information. Do you have any recommendations for a family lawyer?
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Chris The Lawyer, Expert

Try Jeremy Sutton

Customer
Ok thank you
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Chris The Lawyer, Expert

If he doesnt have capacity, try Calina Taturu at Simpson Grierson

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