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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22310
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I bought my house in 2004 and got married in 2014. My

Customer Question

Hi
I bought my house in 2004 and got married in 2014. My husband is not part of this mortgage but we wish to purchase another house together soon. We are about to make an offer on one. My husband has stated he is happy to sign documents to protect my investment, given he has not contributed financially to my current house and is not able to contribute finally to the one we wish to make an offer on. He wants to sign an agreement that states, in the event we divorced, I get back what I put in (that it's not a 50/50 split). Is this possible and, if it is, how do we go about it?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
This is common and prudent. These agreements are called contracting out agreements, because you are contracting out of the Property Relationships Act, which otherwise imposes equal sharing of property. The agreement must be signed before a lawyer who certifies that she/he has explained the effect and implications of the agreement. Each party must have their own lawyer to do this. I expect your lawyer who is helping with the property agreement will be able to draft this. They are often used in your situation
Expert:  Chris The Lawyer replied 1 year ago.
The agreement must be certified by a lawyer otherwise it is not binding, so you have no option to do so.This is required by the Act.

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