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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22309
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partner and I have a contracting out agreement whereby his

Customer Question

My partner and I have a contracting out agreement whereby his is his and mine is mine - this was done 7 plus years ago to protect my partner when I moved in. Since then 6 years ago my partner built us a house and we paid and still do equal shares in all matters re our house. Problem is
JA: The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: my partner is nearly 69 years old just retired has over $600K in the bank and secure. I still work earning $69 K a year. Our house is valued at around $850K. My partner is in the early stages of dementia brought about by mini strokes. I want our agreement amended so that I have the right to occupy our home for the res of my life to either down grade or stay, I have said I would be prepared to give up work to care for him but this change must be made to protect and look after me in my years to come, I am 61. He seems to think this would be unfair to his 2 adult children with no thought about how I would manage in the years to come careing for him then on his death forced out by his children who want all of their in heritance. whats your thoughts?
JA: OK. The Lawyer will need to help you with this. I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: New Zealand Law
Customer: replied 7 months ago.
we have been together 23 plus years
Customer: replied 7 months ago.
I am at work - I cannot wait a day - also your site asked for a payment of $48.00 which was processed, where did you get the $5.00 fully refundable deposit from?
Expert:  Chris The Lawyer replied 7 months ago.
The changed circumstances will affect the original agreement but if he will not agree to amend you would need to apply to the Family Court to set the agreement aside. It is likely you would succeed on the brief facts you describe. But of course you may not want to go to court
Expert:  Chris The Lawyer replied 7 months ago.
If he is suffering from early dementia he should have an enduring power of attorney in place and would need independent legal advice on the issue. You will need your own lawyer to certify any variation as this is necessary for any such agreement under the Property Relationships Act. So the first step is to get your own lawyers and then negotiate. If you cannot agree then you have a difficult choice but would likely do better in court but perhaps at the expense of the relationship. If your partner realises it may be a deal breaker he may settle but I would be concerned about his capacity with the dementia, hence the need perhaps for
Expert:  Chris The Lawyer replied 7 months ago.
the power of attorney as this would avoid any suggestion he was unduly influenced.
Expert:  Chris The Lawyer replied 7 months ago.
But this is a seriously complex issue and you should consult a senior family lawyer to have an in depth discussion
Customer: replied 7 months ago.
Thank you Chris - can you also advise (see previous request) re the $48 request for my credit card details and the $5.00 refundable fee - what was al this about?
Expert:  Chris The Lawyer replied 7 months ago.
That is the cost of the question but if you dont want to accept this is refunded. The site admin deals with that, I answer the legal questions

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