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I am asking on behalf of my girlfriend. A divorce is

Hi there. I...

Hi there. I am asking on behalf of my girlfriend. A divorce is imminent, a five year marriage, 4 yrs living partime together, he worked overseas. Have purchased house together 1yr, 30/70 deposit, (all my super). I am a sole trader, 4years, wth two children from previous 10 year relationship. Have tried councellor for issues, but hasn't taken. Husband very private and spends big on toys, as far as I am aware there is no savings, unfortunately the spending has been in my view at the expenses of the family. I would like a divorce, who moves out?, I would like him to for my childrens sake, and will I ever atleast get the deposit back?. He will refuse to leave and take everything.

Lawyer's Assistant: What confuses you?

What is the proceeding for me asking him to leave, when he will not, and what are the chances of going though divorce and retaining the house deposit? thank you

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Christchurch

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, unhelpful, just said to keep a seperate bank account.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The toys purchased since our marriage have put us in debt and are all under his name.

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Answered in 1 minute by:
9/21/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

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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

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Customer reply replied 10 months ago
Thank you that is very reassuring. I will obviously need a lawyer in my near future, would you recommend one in Christchurch as I imagine a lawyer in Wellington would be very expensive. I have to bear in mind my husband has indicated he will make things very difficult and has narcissistic tendencies.

Name:Erin Ebborn

Firm:Ebborn Law Ltd

Address:PO Box 291
Christchurch 8040

Telephone:0800 339 223

Fax:

Email:

Website:http://www.ebbornlaw.co.nz/

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Erin is a very experienced and effective family lawyer and charges reasonable fees.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you very much for your time and expertise
Customer reply replied 10 months ago
sorry just one more question if possible. We have been married for 5yrs but only living together for 1 full year and others have all been part-time (1 week every mth for 3 yrs and sometimes 1 month out of 12). Is the three years living together relate to being full time or part time

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

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Customer reply replied 10 months ago
Thank you for your reply. no doubt I'll need further advice over the coming months, so will call you via this site, thank you

Thanks, ***** *****

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