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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22166
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi there, married in Jan 2011, we have separated in Mar13.

Customer Question

Hi there, married in Jan 2011, we have separated in Mar13. We lived together since Dec 08. He owns a property purchased before I met him. He was unemployed for 2012 so I supported him. Do you think I'm entitled to any of the property? I'm now in a tenancy tribunal dispute with his brother as we rented the house from him but only my name on tenancy agreement, I feel it's disgraceful that his brother can take only me to the tribunal, knowing full well his brother lived with me, and that my ex's property was fully paid because I was covering all other expenses including rental of the house we lived in. Any advise would be great. Thank you, Kathryn
Submitted: 3 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 years ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The time to establish a half share is threes together. Before that you can claim based on contributions and from your description there have been some.
christhelawyer : this means you would be able to claim for what you paid for him, and also any liability for the brothers claim as well, which is half his debt of course.
christhelawyer : As for the Tribunal, you can ask the Tribunal to add him as a party because the rent was in both your names.
JACUSTOMER-45y1dm45- :

So would it be safe for me to claim half of my monthly costs from him for the period he was unemployed? As for the tribunal, does it make a difference that my ex husbands name does not physically appear on the tenancy agreement?

JACUSTOMER-45y1dm45- :

Sorry, but could you explain the "threes" comment in more detail to me?

christhelawyer : Sorry, missed a word.. Should be "three years together"
JACUSTOMER-45y1dm45- :

as in married or in a relationship and married?

christhelawyer : If he was not on the agreement you will not be able to include him at the tribunal, but you certainly can claim the debts you paid for him, from him, which will include his share of the rent
christhelawyer : If he owns the house, and you helped with the mortgage while you were together you can lodge a notice of claim on the title.
JACUSTOMER-45y1dm45- :

So, I did not directly pay towards the mortgage, I paid the rent on the house we were renting, in full, no contribution from him

christhelawyer : Did this enable him to be able to pay the mortgage?
JACUSTOMER-45y1dm45- :

Yes it did

christhelawyer : The three years is the time you have been together including before you married. So in this case you likely have a claim for the contributions and should lodge the claim on his house title. This will certainly get his attention.
JACUSTOMER-45y1dm45- :

Thank you so much! I just also need to know how to lodge this, i.e. what form to use and where/how it's done? Can you help me with this?

christhelawyer : You should really get a lawyer to do this as it has to be lodged on the title. I assume money is tight for you, but it won't cost much to lodge the form. I can suggest some lawyers if you want, and advise your location.
JACUSTOMER-45y1dm45- :

Thanks to him and his brother, money is non existant! But that would be great if you could do that, I'm in Takapuna in Auckland

christhelawyer : Name: Wendy GalvinFirm: Galvin Law LimitedAddress: PO Box 331000 TakapunaNorth Shore CityTelephone: 09 486 0544Fax: 09 486 0546Email: [email protected]
christhelawyer : Name: John HickeyFirm: Hickey LawAddress: PO Box 100802 North ShoreAucklandTelephone: 09 477 0333Fax: 09 477 0334Email: [email protected]
JACUSTOMER-45y1dm45- :

Is this an application you would be able to do?

christhelawyer : I am sorry but I cannot take work from this site

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