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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22978
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I'm not sure where I stand? My fiancée and I have been

Customer Question

I'm not sure where I stand? My fiancée and I have been together 14 years with 2 children each from previous marriage but no children together. We began living together in 2006 for 6 months but it was a squeeze but then made the decision in 2008 to try again. I was on a benefit while I worked part time and he had a farm and 4 homes in trust. When we first got together in 2001 he had bought a beach house which is not in the trust but we subdivided which purchased the 4th house( 5 in total) we had dreams and from the start I helped redecorate and take care of our children. We lived between the farm and beach house as a family and once the kids were all over 15, we decided to buy a business for me. Much stress later he told me to stay at the beach house while he moved back to farm to try sort his kids out who were not going down a good path. He now wants me gone from his life and because I came with nothing I leave with nothing. I don't want to take his farm etc but I don't want to start again as I have put my life into being with this man. So many different views of this defacto law but if I asked for the beach house and he has the farm and the 4 houses etc is this achievable or does the trust protect the farm and houses except the beach house? There is huge mortgage as he bought the farm and uses the beach house as collateral and I keep hoping we will sort things out or even be able to share this beach house so no one loses or any sale of assets have to happen?? Please advise??
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The beach house is relationship property, if it is not in the name of his trusts, and you therefore have a claim to a half share. The value of any mortgage on the property will affect your claim of course. You may also have a claim to the other property if you helped improve the value of the trust properties, and the mingling of assets like the beach property will help your claim. If you want to stay in the beach house it seems a sensible claim to this, and certainly this should be a start. You can place notices of claims on the properties in the meantime to protect your interests, and you will also have claims to the chattels in the home and vehicles, and to KiwiSaver. So your next step should be to lodge a claim using an experienced family lawyer, and start to negotiate a settlement. I can suggest some if you confirm your city/town. You may have more questions so please ask.

Customer: replied 1 year ago.
I live at Waihi beach and it's such a small town. I have had Wendy weal recommended but everyone knows everyone here
Expert:  Chris The Lawyer replied 1 year ago.

Perhaps Thames or Tauranga or even Hamilton?