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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, I am a Uk Citizen, but have been residing in New

Resolved Question:

Hello,

I am a Uk Citizen, but have been residing in New Zealand for the past 7 years. My husband and I have recently separated with a view of divorcing. He is wanting to make a claim on my property that I brought in the Uk prior to our relationship starting in 2005, although he did live with me for about 6 months in between going overseas with his job (he is in the Army) and he did pay me board. I put 35,000 pounds, in as a deposit and he is wanting to make a claim on the whole portion of the equity approx 60,000 pounds. That's it in a nut shell, so what if anything would he be entitled to please from my property in the UK? Thank you Maria
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved
Why is the matter not being dealt with within the NZ proceedings?
Clare
Customer: replied 3 years ago.
Hi Clare,
We have live together now for close to 8 years. It can be dealt with in NZ if we agree, but I'm not sure I do agree hence my question to a UK solicitor. thank you
Expert:  Clare replied 3 years ago.
Hi
how long were you living together in total and are there any children involved
Clare
Customer: replied 3 years ago.
Hi Clare, no there are no children involved. We have lives together since 2006.
Expert:  Clare replied 3 years ago.
Hi
If the matter was being dealt with within divorce proceedings here in the UK then the whole of the equity would be involved - although he would not have been awarded 50% of it - or anything close.
If it was not dealt with within the divorce proceedings he could make no other claim
However since as I understand it there is an option as to whether or not the NZ court deals with it then he could still make a claim here within property law - but it would be based on his actual contribution and the income that you have received from the property since your marriage
I am not certain if this covers all that you need to know - if not them please just ask
Clare
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