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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22171
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband and I share a rental home under joint tenancy

Customer Question

my husband and I share a rental home under joint tenancy agreement. we have 2 little girls. My husband is financially irresponsible and I have to pay for most of the expenses. He is a problem gambler and has a mountain of debt.
he has never been co-operative and made things easy enough to just leave despite the many arguments we have had. I prefer he left and we both live peaceful lives. He wouldn't leave because he cant afford his living expenses alone. I don't want to leave coz the rent is way cheaper than the market rate, my daughter is in school nearby, I have friends and families very close by who support me with looking after my girls if need be.
many times when we have split the rent in halves, my payment goes through, his doesn't.
is there anyway I can legally have the tenancy transferred to my name and get him to leave, on the grounds that I am more (financially) capable to look after my kids?
Submitted: 1 month ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 month ago.
You could negotiate with the landlord to place the tenancy in your name, perhaps explaining to the landlord your husband is financially irresponsible. You should set up your own separate bank accounts too. Then when this has been done you could tell him he is to leave. If he won't leave you could start by giving him a trespass notice.
Customer: replied 1 month ago.
Aren't the property managers going to have to ask for his consent to remove him off the agreement?
Customer: replied 1 month ago.
I don't have any joint bank accounts or assets with him.
Expert:  Chris The Lawyer replied 1 month ago.
If his payments have failed they may be keen to change to you

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