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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22318
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been with my partner for 13 years. We have recently

Customer Question

I have been with my partner for 13 years. We have recently decided to call it quits. He has a deforce super fund ($130000) and we own our house ($235000) with a mortgage of $201000 owing. How much do i need to buy him out. We have no property agreement in place.
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.

He is likely to have to buy you out as you will be entitled to a half share of the super scheme from the time you have been together. That can be complicated to calculate but the super scheme manager will be able to provide figures. Then the equity in the house can be divided but I think it likely he will still end up paying you. So you can negotiate a settlement based on this.

Customer: replied 2 months ago.
the equity in the house is roughly 30000. To buy him out of the house do i need to take into consideration of the total value of the house or not. Not to concerned bout the super at the moment.
Expert:  Chris The Lawyer replied 2 months ago.

You pay the half share based on the net value after deducting the mortgage, so around $15000

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