Legal Question in Real Estate Law in New Zealand (Aotearoa)
Good day,
If I have separated with my wife for more than 2 years already, and I have bought a real estate property, will that property be subject to conjugal law if we file for divorce?
I live in New Zealand, and it says in the family court that a couple can file for divorce if they have lived separately for 2 years or more.
I would want to file for divorce, but my ex-wife is not cooperating. I would like to mortgage a house and lot, but not sure if my ex-wife would ask for her share regarding that.
Thank you very much.
Jani Lane
1 Answer from Attorneys
You should not buy any new property until after you obtain a divorce through the Court. Any propery you buy before divorce may be included in the divorce settlement.
You can apply for divorce now and your wife can oppose this. However, if she was to do so she would have to pay her own lawyer to do that.
You need to engage a Family lawyer to represent you from now on. Do not seek further free advice or try a do-it-yourself approach because you could lose a great deal that way. Our firm does not do Family law.
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