How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22810
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

My husband and I share a rental home under joint tenancy

Customer Question

my husband and I share a rental home under joint tenancy agreement. we have 2 little girls. My husband is financially irresponsible and I have to pay for most of the expenses. He is a problem gambler and has a mountain of debt.
he has never been co-operative and made things easy enough to just leave despite the many arguments we have had. I prefer he left and we both live peaceful lives. He wouldn't leave because he cant afford his living expenses alone. I don't want to leave coz the rent is way cheaper than the market rate, my daughter is in school nearby, I have friends and families very close by who support me with looking after my girls if need be.
many times when we have split the rent in halves, my payment goes through, his doesn't.
is there anyway I can legally have the tenancy transferred to my name and get him to leave, on the grounds that I am more (financially) capable to look after my kids?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.
You could negotiate with the landlord to place the tenancy in your name, perhaps explaining to the landlord your husband is financially irresponsible. You should set up your own separate bank accounts too. Then when this has been done you could tell him he is to leave. If he won't leave you could start by giving him a trespass notice.
Customer: replied 10 months ago.
Aren't the property managers going to have to ask for his consent to remove him off the agreement?
Customer: replied 10 months ago.
I don't have any joint bank accounts or assets with him.
Expert:  Chris The Lawyer replied 10 months ago.
If his payments have failed they may be keen to change to you

Related New Zealand Law Questions