New Zealand Law
Have New Zealand Law Questions? Ask a Lawyer Online.
I am a New Zealand lawyer based in Wellington and will help you with your question today
Because they have been living together for more than three years, all of the property will need to be divided. This includes any of the items which the husband has purchased, even if they are in his own name. So if he wants to keep those toys, he may have to surrender his interest in the house. The position with the house is that if you cannot agree on who will occupy, then generally the property has to be sold. But if he keeps his toys, he may need to transfer his interest in the house to you. The only time you can remain in the property is where there has been domestic violence, so this may not be an option
Firm:Ebborn Law Ltd
Address:PO Box 291Christchurch 8040
Telephone:0800 339 223
Erin is a very experienced and effective family lawyer and charges reasonable fees.
The Property Relationships Act does refer to having been married for three years or more. Your situation is most likely to come within that test, because if the periods apart were due to work commitments, rather than intention to separate, then the equal division regime applies
Thanks, ***** *****