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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14858
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My adult daughter has moved into our house that we shifted

Customer Question

My adult daughter has moved into our house that we shifted to a few months ago. The first few days were fine. Then she bullied me and verbally abused me. I left for my own safety and mental health. Her father says he has spoken to her about her behaviour but if she doesnt choose to change, he cant do anything about it. He says she has a right to be there as its her home too. Is there anything I can legally do to remove her from the house so that I can return to my home? Thank you.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If she is not an owner of the home, then she has only the right of any visitor, and you could ask her to leave. However if your husband is inviting her to stay that can cause a problem, because as an owner, he can permit her to live there. So these two rights cancel each other out. But your husband appears to be supporting her side and not you. He is wrong in saying she has a right to stay there because she is only a guest even if she is family.

Expert:  Chris The Lawyer replied 1 year ago.

Would you consider a family mediation to discuss this behaviour in a safe way with a neutral facilitator to help sort the problems? This may be the best way to move forward

Customer: replied 1 year ago.
I paid for the house from a legacy left to me. The house unfortunately was put into joint names. My husband has verbally agreed in the past that it is my house. My daughter is nearly 20 and has other places to go to stay. I have asked her to leave, she says it is her home. I say that we are under no legal obligations to provide for her any longer. We have tried mediation but she says I have the problem and am mentally ill. What can I do legally to remove her from the home when she refuses to go?
Expert:  Chris The Lawyer replied 1 year ago.

You can give her a trespass notice, and then ask the police to remove her. It isnt her home-it belongs to you and your husband, and she is only there at your say so.