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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My brother was gifted our family home by our dying mother 23

Customer Question

Hi, My brother was gifted our family home by our dying mother 23 years ago with the agreement of his five brothers and two sisters as long as it was left in family line. He then married 15years has two children, now marriage collapse. His wife wants half of property even though he alone has continued mortgage payments and name on deed only.
My question is he foolishly didn't put in trust or do a prenuptial agreement as siblings thought to protect family gift so can us siblings now stop the sale of property by putting a claim in on the gifted home or perhaps claim piece each of property sale .
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Was the property occupied by him and his wife? If it was did he tell her he was just a trustee for the family ownership? If he can prove that she may still have a claim to half of his share, which would be an 8th share. The key will be to prove that it was a family home on trust rather than just his. So there will need to be some convincing evidence of the trust by documents letters and likely by affidavits from the family.

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