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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23066
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been married for 12 years and the marriage is on shaky

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I have been married for 12 years and the marriage is on shaky grounds (2nd marriage for both). My husband informs me that the house is in a trust and I wont get anything out of it. I am unaware whether the trust was formed prior to our marriage or since. Am I entitled to any proceeds, I am confused, as he insists that I not get a share of the property and the cars, boat etc, if we finally separate. He has walked out and left me to look after the birds, animals and the property, and will not discuss anything with me.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

The first thing you should consider is getting a protection order to prevent him from attacking you again. With the doctors evidence, you would have no problem getting an order. You would need to see a lawyer, but if you are having cash flow problems, then legal aid could be an option. This is eventually dedcuted from your share of the property however.

christhelawyer :

With regard to the property, if there has been any increase in the the property value or by additions, then this will enable you to break the trust (if this actually exists). Your lawyer will help you with the investigation and be able to tell you if there really is a trust. However everything else is likely to be relationship property to be divided equally. Depending on the trust and if it exists, you are likely to have a claim to a share of the house despite what he says.

christhelawyer :

These matters can all be negotiated of course. In the present state you need to be careful with the violence and get your yourself safe as a priority. Your husband can be sued for damages for the assault as well so he is not in a strong position at present.

christhelawyer :

I am sure you have more details you need so please let me know.

Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 4 years ago.

HI Chris, thanks for your prompt rely. I have rated your service as excellent, however I am a bit non-plussed that initially I thought this was a 'free advice' service - I paid $70, which actually I am not complaining about!! My husband has turned up after coming and going (mostly going) for a couple of months - said I had to change my 'bad behaviour' before he would return. Didn't actually tell me which 'bad behaviour' I had to change - so I'm none the wiser. It's been a great learning experience for me, and I think for him, as now the Police will be keeping an eye out for him, as will my doctor, also the neighbours know all about my troubles as I ring them most days to let them know how miserable I am, so he has to deal with all of that. And I have found a lawyer who I am going to tomorrow, so that I know my exact position regarding our assets - we have quite a few.

I hope this does get sorted and that you keep safe. Good luck ahead.