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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14942
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My son was told by s wife that she no longer loved m and

Customer Question

My son was told by his wife that she no longer loved him and that their relationship was over, after 13 years of marriage. he has moved out and been staying with me -for 10 days now.
He has been told by some friends that he needs to 'be careful' in that his wife might use this to gain some advantage in regard to staying in the family home with the 3 children.
What should he do to make it clear that he did not want to leave the children and only did so because his wife 'made him'?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

The issue of who gets to stay in the property is not always easy. If the children are younger, that she may be able to postpone any division of property and the sale of the house until they are a little older. I would assume for a marriage of 13 years the children are still relatively young. If they are unable to agree on the property, and who stays there, then after an appropriate period of time the property will be sold. The net proceeds will then be divided equally, as with all other property. He will need to think about an arrangement for the children, whether he wants to have joint parenting with equal time and this may affect what happens with the property. But answering your specific question, there is no particular advantage in who has left. The property will be divided equally however the marriage ended. The issue of whether it is postponed is based on the best interests of the children, and not on what the parties want