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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22885
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My son was living with a girl mths in different houses, but

Customer Question

My son was living with a girl for 18 mths in different houses, but eventually he used his KiwiSaver and saved money as they both had separate accounts so he could buy his grandparents house.
Due to KiwiSaver in our area house could not be more then $300,000. His grandparents gifted him by leaving $30,000 in their house so it did not affect his fist home KiwiSaver.
The house is two storey as below house is a 1 bedroom flat. He moved in there with girlfriend and my husband and I moved in to top half. During eight mths they lived their we paid for rates, power, and rent covering sons mortgage.
8 mths later they moved from nz to Australia. After living there a year they got engaged. They have been married nearly three years and have not separated. His wife wants her half share of the house in na which is only in his name, and we his parents have been topping up the mortgage payments when rent has been paid short by tenants over this time. We have paid for all lawn and hedges maintenance and handled all tenants and repairs. His wife has not had any input or no money with this house at all. He used his own KiwiSaver at the time to purchase this house. Where does he stand does he still have to now pay her half as it hasn't been intermingled with anything. Cheers
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
They have now separated.
Expert:  Chris The Lawyer replied 1 year ago.

The division after three years together is 50/50. This is the standard rule and with the facts you describe this is just a typical case. What you can do is to maintain a claim for the money you have put into the property and therefore reduce her claim. You don't say what the arrange,ent was for you paying rental, but it appears that you may have paid more than market rental. So especially because you have kept the house going by paying mortgage and maintenance, this would enable you to make a claim, which would reduce what she gets.

Customer: replied 1 year ago.
What about the gifting of $30,000 left in the house by his grandparents for him?
Expert:  Chris The Lawyer replied 1 year ago.

That would get mixed with the relationship property. Gifts used for relationship property do merge with the other property.

Customer: replied 1 year ago.
would this also apply to any superannuation she has too? And finally she told my son he is liable for half her $30,000 student debt that she had in her own na,e prior to them dating.
Expert:  Chris The Lawyer replied 1 year ago.

It does apply to superannuation, but to contributions and increases in value of the scheme made after they moved in together. But her student loan is her own debt and he doesn't have to contribute to this.

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