Business and Economics

How do I sell my house if one partner refuses NZ?

You can apply to the court for an ‘order of sale’. They may: refuse a sale. refuse a sale but make an order regulating the right to occupy the property.

Can you force a sale of jointly owned property NZ?

Under section 339 of the Property Law Act 2007 the Court can make orders in respect of property owned by co-owners. This includes an order for sale and the division of sale proceeds between the co-owners.

Can I force my ex to sell the house NZ?

First of all, yes, your husband is right. If both of you are legal owners, then neither of you can decide to sell the home, or make the other sell the home, unless directed by the Family court. Getting a court order from the Family Court can be a slow process.

Can you force your partner to sell house?

If both your name and your spouse's name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

Can I force the sale of my house in a separation?

The only way you can force the sale of your house is by getting a court order, known as an 'Order for Sale'. This asks your ex to provide suitable evidence for why they refuse to sell. Where the court can't find a reasonable counterargument, the Order for Sale states your ex must agree to the selling of your house.

How do I leave my husband if I have no money NZ?

Separation orders

If you want to separate and your partner does not, you need to file an application with the Family Court. Your partner can then choose whether or not to defend the application. If they do, you’ll both have to attend a hearing in front of a judge at the Family Court.

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Can I sell my house if my wife doesn’t want to?

You can only sell if you get permission from the other co-owner(s). If all the co-owners agree that you should sell a property, and when you should sell it, then there’s no problem.

Can my husband leave me with nothing?

Yes, a spouse can be disinherited. As set forth above, if a spouse legally, contractually agrees to be disinherited they can and likely will be. If they refuse to agree, then you have to pursue other options and negotiations.

How long do you have to be in a relationship to take half?

If the relationship has lasted at least three years, the general rule is that relationship property is divided equally between the couple.

Can I sue my ex wife for not paying the mortgage?

Depending on the unique circumstances of your situation, the court may be able to order the property sold to pay off the mortgage, but this is unlikely if your ex is living in the home. If the divorce court cannot help you, you can sue him in a new lawsuit for the damage that he is causing you.

Can I stop my ex coming to my house?

Unless they are committing a ‘breach of the peace’ there is nothing the police can do to stop them gaining re-entry to the property. They have a legal right to do so. So the short answer is ‘yes’ you can change the locks but your ex can just change them again if they wish to.

Can my husband put our house on the market without my permission?

If both your name and your spouse’s name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

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Can my girlfriend claim half my house?

In the vast majority of cases, the answer is no – your girlfriend, boyfriend, or partner cannot take half your house. There are scenarios where it is possible – and the two major ones are if they have a Beneficial Interest in the property, or if there is a Cohabitation Agreement in place.

Can I kick my ex wife out of my house?

In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.

Can my ex enter my home?

The law is quite clear that where the property is jointly owned (ie, held by the two parties in joint names) each of them is permitted to enter that property without conditions. This is the case even if one of them has moved out following their separation.

How do you break up with someone you bought a house with?

The best approach will likely depend on whether a party wants to keep the house and how contentious the breakup is.
  1. Buy out Your Ex’s Interest. …
  2. Sell the Property/Divide the Proceeds. …
  3. Attend Mediation. …
  4. Initiate Court Proceedings. …
  5. Conclusion.
The best approach will likely depend on whether a party wants to keep the house and how contentious the breakup is.
  1. Buy out Your Ex’s Interest. …
  2. Sell the Property/Divide the Proceeds. …
  3. Attend Mediation. …
  4. Initiate Court Proceedings. …
  5. Conclusion.

How do I divorce my wife and keep everything?

7 Tips to Avoid Giving Up Too Much to Your Wife in Your Divorce
  1. Tip #1: Identify Your “Separate” Assets. …
  2. Tip #2: Prioritize Your “Marital” Assets. …
  3. Tip #3: Think about Your Wife’s Priorities. …
  4. Tip #4: Weigh Your Options. …
  5. Tip #5: Consider the Other Financial Aspects of Your Divorce. …
  6. Tip #6: Put Together a Plan.
7 Tips to Avoid Giving Up Too Much to Your Wife in Your Divorce
  1. Tip #1: Identify Your “Separate” Assets. …
  2. Tip #2: Prioritize Your “Marital” Assets. …
  3. Tip #3: Think about Your Wife’s Priorities. …
  4. Tip #4: Weigh Your Options. …
  5. Tip #5: Consider the Other Financial Aspects of Your Divorce. …
  6. Tip #6: Put Together a Plan.

Why does my husband keep leaving and coming back?

He may have changed his mind and wants to date you again, or he may feel like he messed up when he left you. It is possible that his other plans didn’t work out the way he thought they would. In some cases, a man may leave because he thinks he can do better than you, which may not always be true.

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What is it called when you live together but not married?

A cohabitation agreement is a contract between two people who are in relationship and live together but are not married. Good cohabitation agreements are (ideally) crafted early on, and deal with issues involving property, debts, inheritances, other estate planning considerations and health care decisions.

Can I kick my partner out of my house?

Whether you are renting the property, the property is in your joint name or only one person’s name. Either way, both parties have the right to be in the home and therefore cannot exclude the other person without a court order. Neither party has any right to change the locks.

Can my ex make me sell our house?

Can my ex make me sell the family home? No. If both of your names are on the deeds to the property, they cannot sell without your permission.

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