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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22893
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a support person person who is going through a

Customer Question

I am a support person for a person who is going through a separation. Her ex partner is under protection order. He has put the matrimonial property on the market without consulting with her. He has signed a paper to say that he will transfer the flat to her in Sep of this year. But now he has put it in the market and refuse to acknowledged his previous commitment. The person I am supporting has a lawyer, who has mucked up for her as she was well aware that the flat was put on the market and that she was suppose to put an injunction order to stop the sale, but she never did. As there was offer put on the flat, and being a weekend here in NZ how can my person stop the acceptance of the sale going through till things can be legally dealt with on Monday which is a working day.
I appreciate your kind assistance in this.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
She should have placed a notice under the Property Relationships Act on the title to the flat which would have stopped any sale. In addition her signature would be required on any sale agreement, if the property is jointly owned. If it is not jointly owned then the notice should have been placed on the title in any event. So would not need an injunction if there is a notice. If it is jointly owned a sale is not possible without her consent.

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