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: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
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

This answer was rated:

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.

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:[email protected]
Customer:

thank you

Customer:

have a good day

Customer:

Bryan

christhelawyer : I hope this is a start for you.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

Related New Zealand Law Questions