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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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After deciding to seperate my husband is giving me 24hours

Customer Question

After deciding to seperate my husband is giving me 24hours notice to move out of our rental property were I live with my 11yrold son. And I don't leave he will have me removed by the police.
I asked time to organise somewhere as the only option of my parents isn't Sutable. I'm not telling him to leave but if he felt the need to find some were. We have been married 5yrs. My car an the property is in his name and he prosumes that's what it will be. What are my rights around this I really don't want this to unsettle my son or upset him.
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
If you are on the tenancy agreement he cannot do that. Further, if there are any threats then you may be able to apply to the Family Court for a protection order. This would mean he would have to leave himself
Expert:  Chris The Lawyer replied 5 months ago.
If you are not on the tenancy you can still refuse to move until you have somewhere to go, and if there are threats you have the right to exclude him. The police won't be interested because unless there is violence they will see this as a family court issue.

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