Its property related, are all answers new zealand law? No but im asking will the answers i get be nz law. Nothing yet.

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Customer: its property related, are all answers new zealand law?
JA: Have you talked to a New Zealand lawyer about this?
Customer: no but im asking will the answers i get be nz law
JA: What steps have you taken so far?
Customer: nothing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its separation property
Answered by Chris The Lawyer in 6 mins 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.

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hi Chris, my ex partner and I split up 9 years ago. I remained living in our home with our children. We agreed with the fact that there was $30,000 equity in the house when he left that he would get $15,000 when our settlement happened. It has been 9 years and I want to do ulterations to the house but his name is ***** ***** it. I have just found out that for some reason we never completed our separation agreement. He has paid nothing towards the upkeep or mortgage in 9 years. Valuation has gone up a lot. Where do I stand?
Customer
Is there a statue of limitations on property settlement?
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Chris The Lawyer, Expert

This could have some problems which you are likely to be concerned about. When you separate, there are some time periods which are important. The problem is that the house is still in both names and therefore he can make a claim. Under the Property Relationships Act, the share in the property is decided at the date of separation but the valuation is at the time of the agreement or a court order. I will post more shortly

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Chris The Lawyer, Expert

While there is a limitation period on making claims, it won't apply because his name is ***** ***** the title. So you would need to look at his share as at the date of separation, and argue that it was restricted to the relatively small amount, but he is open to say that the share is now worth a great deal more. You could argue that it is unfair that he may insist on a greater share, and of course the fact that he has not made any contribution for the last 9 years would affect any claim which he may have. It may come down to whether he is honest about the settlement you reached at the time. You could start by telling him that you want to do some work on the house and take his name of the title, and that you will be able to raise the money to pay out his $15,000. That would soon flush out what he actually wants. I would recommend at that point that you instruct a lawyer because the situation will not be straightforward

Customer
Thank you for that, it is what I thought
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