I think the best way forward would be to get the property sold. You can force a sale under the Property Law Act or the Property Relationships Act and he could not defend this, except by buying out your share. You could in that proceeding in court require him to make full disclosre of the income from lodgers and account for the expenses, and if he has not paid his share then this could be deducted on a sale, from his share. You could do most of this without coming back to New Zealand, and certainly the application to court to sell the property.
In the meantime, if the mortagage and insurance are not being made, and if you dont want to force a sale you would need to bring a court case to specifically enforce the agreement about paying the mortgage, but of course the bank may foreclose if he doesnt pay. If the insurance has not been paid either i would pay that yourself to ensure the property is protected but you can recover that from him.
I would suggest you start by briefing a New zealand lawyer to write to tell him to perform his obligations under the agreement or be sued. If he ignores this, then instruct the lawyer to start. You would be able to recover most of your costs from him in this situation
Any income left over after payment of expenses, should be divided equally. There is another issue in that he has the benefit of the use of the property, and should therefore be paying occupational rent, which is a figure based on half the market rent for his use of the property, effectively the rent of your half share.
Any income however will need to be accounted for, when the property is sold. He can of course keep his half share, if there is anything left after payment of expenses, but this is just like any other investment which is jointly owned. So when the property is sold there will need to be calculations of the income you derive from the property and an allowance made for your share, which is likely to be the best way of ensuring that you get the money.
Firm:Niemand Peebles Hoult
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The concept of occupational rent is very well established in the Family Court. He has the advantage of living there, while you have to pay for your own accommodation. So whether he likes this or not, he will need to account for this on settlement.
You can send the agreement-please blank out the names and ID details
That would help
That agreement does not appear to consider the issue of occupational rental. In a practical way, it may come down to whether you want to pay the costs of going to the family Court for directions about these things, but with the risk that the cost of going to court may exceed any benefit. Normally an agreement like this is a final and binding settlement, and it may be arguable that if occupational rent was not dealt with, then it cannot be claimed. But it is also equally possible to say that where the agreement is silent, the standard provision about occupational rental should apply.
Yes, you should do that. She will have a better idea of the deal which was negotiated
Your next step may need to be the Family Court, unless he accepts the figures
He should indeed be paying occupational rent, which is the half share of the market rent for the property