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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My x and I have split up he paid 10000.00 to pay my mortgage

Customer Question

My x and I have split up he paid 10000.00 to pay my mortgage off. He now wants the $10000.00 back. My house is under a trust. What rights have I got. We have only been together for 7 months and I don't have the money to pay him back. Thanks Belinda
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  MIAMILAW1127 replied 1 year ago.

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Customer: replied 1 year ago.
Ok thank you if you can let me know my above question as my X has gone to a lawyer today
Expert:  MIAMILAW1127 replied 1 year ago.

Belinda,

If your ex contributed the $10,000 to the property to pay of the mortgage and you are keeping the property, then your ex is entitled to receive what he originally paid toward the mortgage of the property.

However, if you don't have the money to pay him back all of the money at this time, you can reach an agreement with him where you pay a certain amount monthly (or any time frame you can both agree to). So, let's say you pay $1,000 per month for 10 months. If you can get him to agree to that, you can reach a settlement.

Customer: replied 1 year ago.
I cannot get a bank loan so I am looking at paying him back very little, do you suggested I get a loan from a loan company???
Customer: replied 1 year ago.
He wants the whole amount paid back ASAP which I cannot afford. I ma getting very worried as I do not want to sell my house. It was not $10,000.00 it was $100,000.00, Thanks
Expert:  MIAMILAW1127 replied 1 year ago.

If you can get a loan to pay him off, then that would be a good option. If not, I would try to get him to agree to receive payment little by little in a structured way.

Expert:  MIAMILAW1127 replied 1 year ago.

I apologize. The first message said $10,000.

I would try to get a loan for the $100,000 and pay him back by doing that.

If you are pleased with my answer, please don't forget to rate it. Thank you.

Customer: replied 1 year ago.
I cannot get a loan for that amount of money. I really do not know what to do. He may have to take me to small claims. He is also a meth user so I am very unsure to give him a lot of money to waste it on drugs
Expert:  MIAMILAW1127 replied 1 year ago.

I understand. However, if the amount you would owe him is $100,000, a small claims court will not hear this matter.

Please be sure to rate my response.

Customer: replied 1 year ago.
what do I do then????
Expert:  MIAMILAW1127 replied 1 year ago.

You may need to sell the property to pay him back.

Customer: replied 1 year ago.
That will not be an option
Expert:  Chris The Lawyer replied 1 year ago.

Hi this is a New Zealand law issue. Because of the short time together the usual equal division does not apply. The trust is potentially able to be opened but unlikely after only short periods like this. So to recover the money he must prove that this was not a gift, and if he can show this, he then needs to prove the nature of the transaction. By this I mean he would need to show if this was a loan and the terms of the loan. If he can do this then he could sue for recovery of the loan and ultimately register a charging order on the home, and then force a sale.

Expert:  Chris The Lawyer replied 1 year ago.

I expect his lawyer will advise him to treat this transaction as a loan and sue. You can defend this and say it is a gift and there would need to be evidence heard and a ruler g. But in my view he may be able to get something and you will need to either try to raise a loan or be forced to sell.

Customer: replied 1 year ago.
Ok thanks will I need to pay the whole lot back???
Expert:  Chris The Lawyer replied 1 year ago.

If this was a gift to the family trust, which it may have been, then all he is left with to claim under the Property Relationships Act is contribution to the home. If he didn't pay rent or board you would get a discount for this, although over 7 months this may not be too much. But it is possible that he may get nothing because a gift to the family trust may not be relationship property. It is however an arguable point, which means you may be able to get a discount, as the issue is not certain.

Customer: replied 1 year ago.
Ok that is great, Shall I wait to hear from his lawyer then get a lawyer myself, I there was no paperwork to say that I had to pay him back. He put it straight into my account
Expert:  Chris The Lawyer replied 1 year ago.

Wait and see, if he is serious he will start something, then you can brief your own lawyer.

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