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I am divorced from my husband but our property is still in…

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Hi, I am divorced from my husband but our property is still in both our names. The property has just been sub decided. Am I entitled to half the money for this. Many thanks

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Yes

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Yes, what am I entitled to where the rest of our property is concerned. He still lives in the house we own .

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Answered in 5 minutes by:
1/17/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,849
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Normally when a subdivision takes place, both owners need to sign the forms to complete the new survey and for the new titles to issue. So if you are still on the title, you will have to sign the forms to enable the subdivision to be completed, which will give you the ability to require payment of your share of the property. Normally when you separate, the parties negotiate a relationship property agreement which says what happens to the property. But if the property is in your joint names, you are entitled to a half share, because that is the ownership shown on the title. So you are in a position where he will require signatures, which will mean you can ask for your share of the property

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Customer reply replied 7 months ago
That's what I thought, however my ex husband intends to pay for debts he has from his business which has nothing to do with me and said I will get half of what is left

If the debts are separate property, then they must come out of his share of the property. But he will not be able to complete the subdivision without your signature, and so you are in a position to force him to pay out your share, and he will have to look after his debts from his own share

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Customer reply replied 7 months ago
Thank you very much

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

Chris The Lawyer
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Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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