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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22319
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been in a verbally and occasionally physical abusive

Customer Question

I have been in a verbally and occasionally physical abusive marriage. Early December I told my husband I had met someone else. My husband agreed to leave the home and allow my new partner to join me in our home for a two week period. Less than a week in that period he wanted to return home but I told him that was not convenient because I also had my 92 year father staying and it would not be right to bring him into the situation. Once my father returned home I was contacted by my husband. We had a meeting with him having a support person and myself and my new partner. We were asked if we would consider my husband returning home to live. We agreed. He returned home and we have al been trying to function as at our property we run a bed and breakfast and we are heavily booked over this period. Things have now deteriorated and he wants my partner gone and for me to stay on with him. I have told him if he goes I also go as he is adamant he will not go anywhere. Our home is in a family trust, my husband is 82 and is on super. I am 64 and work alongside running the bed and breakfast to support all our outgoings. My question is can he force my partner to leave the house? If I go also it is likely I will not be able to maintain my employment and therefore debts would not be met. What position does that leave me in. Because the home is in a trust is there any legal reason why it can't be sold. My husband is desperate I do not report his abuse but at the same time is giving me ultimatums to how he will destroy me and my assets. He I s having major panic attacks and is seeing a counselor today. Can you offer me any advice as to where I should go from here before the situation becomes more volatile. Thanks. Jill
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

If he has a history of violence you could apply to the Family Court for a protection order and this would have the effect of evicting him from the home. So you should consult with a family lawyer to help with the application. Your husband may not like this but protection orders will give you the space to sort things out.

The family trust will needto be wound up if you want to sell, but this can be done by a resolution of the trustees. It can be more difficult if he opposes this and again your family lawyer can advise on the steps.

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