If a man and woman have been together for 7 years and are now seperating - does common law come into effect? If it does

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Customer: If a man and woman have been together for 7 years and are now seperating - does common law come into effect? If it does what does this entail?
JA: What state is this in? It matters because laws vary by location.
Customer: New Zealand
JA: What steps have been taken so far?
Customer: Just taking time apart for now but looking like seperation is on the cards.
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 13 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 Wellington with more than 42 years of experience. I am here to help with your questions.

Customer
My nephew has been living with his partner for approximately 7 years and are in the process of separating. Please could you advise legally if he is entitled to take away anything from the relationship. They only rent in the city. She has approximately 50,000 debt he has none.
Customer
Would like to use the 7 day free trial please
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Chris The Lawyer, Expert

He is not responsible for her debts. That is very clear law, so he can share in the possessions to 1/2 share under the Property Relationships Act, but that may not be a difficult issue. The important thing he would like to know is that if he is not on any of her accounts, then she must pay them herself

Customer
her savings are hers or 50/50?
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Chris The Lawyer, Expert

If the savings are accumulated during the relationship he may have a claim, but she is likely to say she needs them for her debts

Customer
Thank you for your assistance. Does her salary come into account at all. she earns 110,000. a month much more than him and he suffered emotional abuse
Customer
he has a full time job
Customer
not a month a year
Customer
she earns 110,000.00 per annum
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Chris The Lawyer, Expert

He cannot claim any of her salary

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Chris The Lawyer, Expert

He also cannot claim for emotional abuse, which is not possible under the New Zealand family law

Customer
thank you so much chris. i guess the next step is for them to try and sit down amicably and make a list to separate items.........if that does not go well then they will need to go to a lawyer?
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Chris The Lawyer, Expert

The best way forward is to have a discussion to see if they can sort things out. They can get a formal agreement if necessary, and to do that they would each need their own lawyer

Customer
thank you so much chris for your time much appreicated. its a bit difficult for him as her sister is a lawyer so we are not holding out much hope that he will be treated fairly
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Chris The Lawyer, Expert

if he needs help getting a lawyer, let me know and I can make suggestions

Customer
Thank you again. Please enjoy your evening :)
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Chris The Lawyer, Expert

Thanks for using our site

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