Health and Wealth
Property Division - Is it Fair in New Zealand?
Legal advice often goes by the book when it comes to dividing marital property in New Zealand. Those coming to New Zealand in the event of a divorce, often feel like those caught out by the new bus lane rule. The one size approach isn't always fair and not proportional to the circumstance. With more immigrants moving to New Zealand many are caught in a web of law and finance that sees them stuck in a rut unable to move on.
Legal advice often goes by the book when it comes to dividing marital property in New Zealand. Those coming to New Zealand in the event of a divorce, often feel like those caught out by the new bus lane rule. The one size approach isn't always fair and not proportional to the circumstance. Legal Brains write to us with your assessment of the following scenario - a common complaint we receive under the current Matrimonial Property laws in New Zealand.As the administrator for this site I receive a lot of requests for information from people undergoing divorce. Its never simple and sometimes very complex. With the story tellers consent I am publishing this story BELOW and invite the community to offer advice, suggestions, help. It is a real and current situation, but it also has many of the common problems and questions we hear from the community. If you can help please contact us at administrator@divorce.co.nz or submit your comments via the story submission link.
STORY
My situation is quite unusual. I'm British, I met my husband in August 2005 in UK, became pregnant in March 2006, he declared bankruptcy during 2006, but we married in October 2006, as our son was due in December.
We did not do a pre-nup in the UK as they are not legally recognized. I sold my UK house and I brought 400k to NZ, and bought us a house for 380k cash. My husband contributed no equity, and we borrowed 200k to renovate the house. I did not do a pre-nup here as my conveyance solicitor did not suggest it. I didn’t know about the marital laws here. We are residents NOT citizens.
My husband walkout on me and our son in March 2010 for another women. Conveniently, only 5 months after the 3 year “equal sharing” deadline.
Since March 2010 I have been paying the joint 200k mortgage with my DPB payments. The “set” house costs, take up every cent of benefits, so no money for food, clothes, petrol, car maintenance etc., So my son and I survive on my boarders money which is 150 a week, for all the above. I've been told via my (ex) lawyer that my ex husband is entitled to 50% equity and the courts don’t care about the child in terms of “property division”.
However, despite this I've been told, because I didn't give up a high flying job to take care of our son, I don’t qualify for “economic disparity”. I don’t qualify for the “repugnant to justice rule” either, even though we only married just over the 3 year deadline and I contributed 400k to the marriage and my ex contributed no equity at all.
The house has been up for sale since November 2009. After the only offer in Nov 2010, problems were found after they had a report done. There is no Electrical Certificate, (as my husband did the electrics and he is not NZ registered), and the bearers are not tied to the piles. Due to these major “un-insurable” problems, plus other issues, my (and 3 other major insurers) told me they would not insure a new buyer for mortgage cover. I am on DPB, I can't get a bank loan, even though I've been paying the joint mortgage myself for over a year. The value of the house has also dropped considerably over this time to around $380k (the price I paid for it in 2007 prior to borrowing 200k against it). My ex husband’s lawyer wants me to give my ex $80k! But even though the house CANNOT sell, Ive recently discovered my ex has registered a “notification of interest” with Land Registry,
In the hope that ONE DAY he will get a payout if it does! I have no choice but to stay on a floating rate mortgage, and keep paying the mortgage, as my bank told me until your ex-husband removes his financial interest from the house, they will not transfer the mortgage into my name. So I'm stuck! Due to any pending court case, I need to understand “What valuation should be used under the “equal sharing” clause”? And what is taken into account in terms of equal sharing? Doesn't the child and my contribution count?
Also my ex hasn’t paid child maintenance for his other child in South Africa for 5 years, and having a British passport, and knowing his UK bankruptcy will be expunged in February 2012, what is stopping him leaving NZ, after getting any payout from mine and my children’s home/inheritance and running off to UK and I therefore don’t get maintenance just like his first wife in South Africa. This whole matter is so very unjust, how can one person in a relationship contribute NOTHING (outside of normal living costs for only 2 years), and walk away from a 200k debt, AND compensated? While leaving a mother and child, with massive debt, potentially homeless (very little equity), potentially no maintenance support, and in reality no chance (due to age/geographic location) of a decent job? If anyone reading this can offer any advice, even a lawyer who WILL actually fight for me, not just play NICEY NICEY with my ex's lawyer I would be grateful, I'm really desperate!
STORY ENDS
This months focus at Divorce.co.nz will be on keeping healthy and focused during your divorce. We will look for empathetic providers who understand the multiple side-effects that stressful divorces take on your health and emotional well being, and have non-medical treatments to help you manage your health.
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