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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19127
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I Want a seperation from my husband of 18 years i;m currently

Customer Question

I Want a seperation from my husband of 18 years i;m currently living in the self contained unit out the back of our small farmlet which is free hold and I have no idea and have never seen any ownership papers I know the house is in a trust, but its time to leave as he has tried to rape me where do I start? I work part time our kids are 14 and 16
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : If there has been some domestic violence you may want to get a non violence order, and perhaps an occupation order, to make him leave instead. You would be able to consult with a lawyer and if you only work part time you should get legal aid to pay for this. Once this issue is clearer, then you can look at breaking the trust for the property, if there is in fact a trust. Any improvements since the settlement can be claimed.
christhelawyer : This would be something you can claim through the Family Court. The children will be entitled to child support from their father, although at their present age, they will likely decide where they want to go.
Customer:

I;ve been told that he has tied everything up and I can t get a cent..all I want is out and asked him to buy me a house he said no and that his parents deaths have paid for our place here I know the kids wont wanna leave here..in the end the house he buys me will go to the kids in the end i;m not looking for another partner

christhelawyer : With the violence you can get him removed, but if that doesn't interest you, then certainly you can claim a share in the property. Family trusts are not watertight and you will certainly be able to claim especially if he has placed inheritances in the property since the trust was set up. But he has to prove there is a trust of course, and while there may be one, you do have a claim to half the contents and the other assets as well.
Customer:

how do I file for a seperation?

christhelawyer : You don't need to do so. You can just leave. An oral separation even as an announcement is enough.
christhelawyer : You will need to see a lawyer for the property as
christhelawyer : That will be complex.
Customer:

yes and theres two business involved as well

christhelawyer : You will likely have a claim there as well
Customer:

he tried to make me sign papers years ago i went out of town to a lawyer he told me not to sign because I gave up and sold my business to bring up the kids and his family business was our income so am I entilted to that as well?

Customer:

as long as the kids are sorted I dont care its about them in the long run

christhelawyer : You will have a claim. If you gave up work, you could also claim spousal maintenance from him, because you gave up your business to raise the children.
Customer:

so even though he has put 80k into the place before I met him and I think 400k was from his parents inhertitance can he say i;m not part of it this place is worth nearly 900k am entitled to half?

christhelawyer : it may be more complex than a claim for half, but that should be the starting point. It is complex because of the trust. Normally the source of the funds is not an issue however, because they were placed into the family property. And if the trust was set up after you married the settlement may not be effective to exclude your claim.
Customer:

can he get a order on me to leave here and not have access to the kids?

christhelawyer : no, and you can get an order removing him if he has been violent.
Customer:

what do I do if he changes the locks on the doors? because I can see him doing that..what rights do I have..

Customer:

how can I get an order when I have no evidence he tried raping I have the text still on my phone actually telling how he hurt me

Customer:

no damn i deleted them

christhelawyer : That would be a good start. You are more likely to be believed than him.
Customer:

So you think I should go see a Lawyer?

christhelawyer : I still think you would be more likely to be believed. People don't invent that sort of problem, and he may well react in a way which is consistent with that bad behaviour. And yes, consult with a lawyer to discuss this.
Customer:

cause I cant live here but I cant afford a house or rent I earn under 400 a week

christhelawyer : If you see the lawyer first you can consider the options, including getting him removed.
Customer:

my kids will hate me if I have him removed from the property and he is a well known and well like man if only they knew what goes on behind closed doors the sun dont shone out his behind

Customer:

can you recommend a Lawyer here in Wanganui or Palmerston north

christhelawyer : There are several firms in Wanganui, including Armstrong Barton, a bigger firm with a long and good reputation. Also try Srah Little at Horsley Christie. Phone for her is(NNN) NNN-NNNN Ican suggest others too if you want.
Customer:

horsley is his lawyer do you think I should go out of town?

christhelawyer : You don't need to, but I can suggest some PN lawyers
Customer:

if he has same law office its not gonna clash?

christhelawyer : You will need another law firm, and if Armstrong Barton don't suit there are others in Wanganui or I can suggest Palmerston North firms like Wadham Goodman at 06(NNN) NNN-NNNN who have a good family law team
Customer:

Thank you so much big weight of my shoulders...I know a bit Of where I stand now even though he;s gonna make it hard but as long as the kids dont suffer is all I care

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19127
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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