Very lengthy story..but I will give you brief details. I met a man in 1975, he moved in with me and my children...he

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Customer: Very lengthy story..but I will give you brief details. I met a man in 1975, he moved in with me and my children...he never gave me any money. He suggested that we get a bigger home, so I purchased ....oh..firstly..what country are you in?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: let me finish....I purchased a transportable home and put it on my block of land...we lived there quite happily...I felt that he was the man for me. There was an elderly couple living next door, the wife died and we said to the husband if you decide to move can we have first option. He decided to move so we decided to purchase this home. We obviously did not have much money and we had had many problems with his Mother who was in a pensioner unit...she had a little bit of money so we got her to put down the deposit. She did not want my name put on the ownership and she did not agree with us getting married as she felt that this would not be accepted by the Catholic Church. Then this man suggested we sell both properties and find a rural block. We sold the 2nd house first..and his mother moved in with us....my property did not sell as it had a differnt type of home on it than the surrounded homes...because it was transportable..we found land and then had it transported there. We then married 1988........we went along great, he was a kind loving man. He went into hospital at some stage as they thought that he was having a heart attack..but it was a panic attack....some time after this he changed. He lost all empathy, he became like Jekyl and Hyde...he was aggressive and I felt that he was getting a dementia.....we went on like this...I was always trying to find outwhat was wrong with him...everytime I spoke to his Dr he would change doctors....I certainly never realised but we went on for some 20odd years like this...constantly arguing, him being aggressive, saying awful things to me and I even had to call the Police on many occasions. He has two sons...the youngest one wanted to put some firewood up here at our property that he was going to sell. . It sat here for ages and my husband finally got annoyed and called him up to remove it. An argument happened and this son left saying he never wanted to see or speak to his father again. We have not seen this son for some 30 yeaers...until...my husband was diagnosed with terminal cancer....he is dieing, the specialst gave him approximately 2 years...it has been 7 1/2 years and he still survives..but then on the 13th October 2020 he walk out saying that he could no longer live here...and you guessed it moved in with the son that he had not seen for 30 years. 4 months later I received paperwork stating that he wanted his share. May I please add here...he has put no money into this property. I got a lawyer..and we went to court. Unfortunately my lawyer did not get tmy paperwork into the court until the 3rd Dec and the case was held on the 8th Dec. The Judge accused me of holding the case up (not forgetting that we had just come out pf a Covid Lockdown of four months) The Judge blamed me for holding it up, virtually acted as if I was not even in the room and awarded my property be sold and that I have to give my husband 1/2....no thought of where I will live if this happens, no thought of the animals that we had and no thought of my husbands mental state. This was on the 8th Dec on the 10th Dec a Land agent called to assess...I told him no..it was my birthday that weekend he had to come Monday...he has been and has said that it will be sold my auction on the 3rd Feb. My lawyer has just thrown me under the bus...because he said an appeal may not be good for me if I loose
JA: Family law varies by state. What state are you in?
Customer: where to from here...it is christmas. That is why I asked what couyntry you are in...I am in New Zealand
JA: The Family Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I could send you my affidavit if that is helpfull...yu would need to give me an email address. Will this cost me anything
Answered by Chris The Lawyer in 58 mins 11 months ago
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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.
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Chris The Lawyer, Expert

The standard division of relationship property is equal shares and where you cannot agree on the fate of the property, the default position is that the property will need to be sold

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Chris The Lawyer, Expert

This means that result may have been inevitable. But if you think there were mistakes in the decision you can appeal but should do so promptly

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Chris The Lawyer, Expert

It does not matter if he did not put money into the property

Customer
Thank you
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Chris The Lawyer, Expert

It may be worthwhile seeing another lawyer to review what has been done

Customer
I have been to another lawyer for a 2nd opinion. He said that if my original lawyer could come up with a good reason why the paperwork was not given in on time..we should go for an appeal...but my lawyer has virtuallly thrown me under the bus....and has said that if I loose the appeal it could be worse for me. If he had not tried to delay it...it may of been better for me. My husband and I both made out wills...and when he left on the 13th October...we both made it that the surviving partner could live on the property until they either died or did not want the property any longer and then it would be sold and the funds distributed to the children...but obviously after he left, he has changed his will and I do not have any input.
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Chris The Lawyer, Expert

If you appeal and lose, you will have to pay costs on the appeal. But even if your papers were filed on time the result may have been inevitable

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