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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22976
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was together with my ex partner for 7 years and we broke

Customer Question

Hi there,
My name is Ingrid.
I was together with my ex partner for 7 years and we broke up last year May. I'm still living in the house we bought. He still owns a 20% share in the house based on both of us still paying off the mortgage. He moved in with his brother last year when we broke up.
I've told him I'm going back to the Netherlands for a holiday. A week before I'm going away he comes round -yesterday- and tells me he's got a girlfriend (for 6 months now).
Now he wants to move back in with his girlfriend while I'm on holiday...Even to stay on if things go well.
I don't want them here as it's my home.
And to live with my ex and his new girlfriend?! What are my rights?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

He does have some rights to the house, but I would not recommend you let him move in, as he will be difficult to evict, because of his ownership share.

Expert:  Chris The Lawyer replied 1 year ago.

But the share he owns should be dealt with and you should enter into negotiations to pay him out, if he will do that, and if you can afford to buy him out. If he refuses to negotiate then the property may need to be sold

Expert:  Chris The Lawyer replied 1 year ago.

The situation is covered under the Property Relationships Act, which provides for equal shares in property so there is a risk he may claim more than the 20% share which you are talking about. So whatever is done you need a clear and binding agreement about interests in the property and I suggest you urgently see a local family lawyer to start the process of dividing the property