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If my spouse is not faithful and I file a divorce, Will I…

Customer Question
If my spouse is...

If my spouse is not faithful and I file a divorce, Will I have to give away half my property to him/her?

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

It is under mortgage

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: New Zealand Law
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Answered in 5 minutes by:
1/3/2018
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,775
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. Please give me a minute to read the question

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Customer reply replied 6 months ago
sure
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago

If your marriage has come to an end, then your relationship property will need to be divided equally. This means that you will either have to sell the property and repay the mortgage, then divide the money between you, or the further option would be for one of you to buy out the other partners share. Relationship property is the house that you have lived in, and any furniture and assets in the house, cars, KiwiSaver and any other jointly owned property. You don't have to go to court to divide the property, if both of you can reach an agreement. The marriage can be dissolved after you have been separated for two years.

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Customer reply replied 6 months ago
Thank you
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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