How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris The Lawyer Your Own Question

Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

My partner and I are seperating We jointly own several properties

Resolved Question:

My partner and I are seperating
We jointly own several properties

I however wish to retain the family home
What can I do in the short term to stop her having me evicted by the police.
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 you are a joint owner, then you cannot be evicted unless she has obtained a non violence order or an occupation order through the family court.
christhelawyer : if there is no family violence involved it can be very difficult to remove a spouse who is a joint owner. Do you have a specific concern or threat that she has made?
Customer:

She has asked me to leave and all property is held in her name even though we have been together for 25 years. Should I take out an occupation order?

christhelawyer : Is the title to the property in her name alone?
Customer:

yes

christhelawyer : Occupation orders are only available where there is domestic violence
Customer:

ok no violence between us

christhelawyer : But you can get your lawyer to lodge a Notice under the Property Relationships Act which operates like a caveat, and can be used to show anyone you have a claim to your share of the property.
Customer:

Should I do this ASAP

christhelawyer : This would prevent her from saying to the police you have no interest in the property, and doing something like a trespass notice. You should lodge this today if you can.
Customer:

OK thank you

Customer:

OK

christhelawyer : if you are claiming against the other properties, you can lodge the notice against those too.
Customer:

My partner and her brother inherited their fathers home . He died about three years ago.

Customer:

Since then various members of the family have resided their including my self at one point and also income inherited and as rent from this house has been jointly spent

Customer:

Am I entitled to claim part of this property as well

christhelawyer : it may still be separate property if inherited but it can depend on how it has been treated. From what you describe you may have an interest
Customer:

How would I make this claim

christhelawyer : The first step is to lodge the notice against the title. Then open negotiations, and if you cannot settle after discussions, then the family court is the next option. There you can argue for your share of the relationship property.
Customer:

thank you

Customer:

Should i go to my lawyer ASAP

Customer:

Can you recommend a law firm in TOKOROA

christhelawyer : You should see a lawyer, and I will suggest 2 local ones
christhelawyer : Name: Maryanne CrappFirm: Stairmand LawAddress: PO Box 250 TokoroaTelephone: 07(NNN) NNN-NNNNax:
christhelawyer : Name: Arama Ngapo-LipscombeFirm: Ngapo-Lipscombe LawAddress: PO Box 518 TokoroaTelephone: 07(NNN) NNN-NNNNax: 07(NNN) NNN-NNNNmail:XXX@XXXXXX.XXX
Customer:

thank you

Customer:

have a good day

Customer:

Bryan

christhelawyer : I hope this is a start for you.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
< Last | Next >
  • /img/opt/shirt.png LawNZ's Avatar

    LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8413
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19912
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8180
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    108
    7+ years of experience handling various legal matters.
 
 
 

Related New Zealand Law Questions