How do you prevent relationship property from being sold?
Relationship breakdowns are tough. Separation and division of relationship property can sometimes be tougher. Property that is shared by partners in marriage, de facto, or civil union relationships must be divided equally between both parties if their relationship dissolves. But what if your name is not registered on the title of your family home? If that is the case for you, you may wish to lodge a notice of claim to protect your interest in that property.
A notice of claim is a type of caveat that is lodged against the title of a property. Once it is lodged, the property cannot be sold, transferred or otherwise disposed of without your consent. A notice of claim can be lodged on the property title if the claimant believes that they have an interest in the property due to their relationship with the owner, such as their spouse, civil union or de facto partner.
Lodging a notice of claim is a simple process. As long as you are able to provide evidence that you are in a relationship with the owner, then your lawyer will be able to assist you to lodge a notice of claim on the title.
On the other hand, if a notice of claim has been lodged on your property title, you can apply to lapse the notice of claim. Once the owner has applied to lapse the notice of claim, then the onus is on the claimant to apply to the Court to sustain the notice of claim. If the claimant does not apply to the Court to sustain the notice of claim within a specified time frame, then the notice of claim will automatically lapse.
If you have any questions about New Zealand relationship property law, speak to us at Capstone Law, and we will be happy to assist you.
Partner & CEO
Kenneth is the founding partner of Capstone Law. Kenneth has a MPhil from the University of Cambridge, and he was also awarded the prestigious Dean’s Academic Achievement Award for graduating from the University of Auckland law school in the top 5% of his class. Kenneth has worked at some of the best law firms in the country before starting Capstone Law.
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