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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  New Zealand qualified lawyer with 37 years of experience.
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This concerns an international land purchase in New Zealand,

Customer Question

This concerns an international land purchase in New Zealand, so possibly not your field of expertise? I am a resident in California, and plan to transfer 100% of the NZ $ 179 into NZ to buy a piece of land together with my local Kiwi boyfriend. He will contribute $0 to the purchase, but insists that he must have his name on the title, to give him legal bearing, if something happens to me. I spend a few weeks in New Zealand each year, while he would make the new place his principal place of living. How can I as the sole purchaser record him as a ten percent owner on the title?
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.
That is fairly simple. You can record that you are owners of the land in those shares and the term used is that you are the owners as tenants in common in unequal shares of respectively 90% and 10%. That will be recorded on the title. There are no restrictions on foreign ownership for this sort of purchase. So your lawyer can arrange for the purchase in these terms.
Expert:  Chris The Lawyer replied 2 months ago.
I would however also get a property agreement drawn up as under New Zealand family law he could claim a half share if you live together or are in a relationship for more than 3 years. The contracting out agreement will make your shares explicit and unchangeable.
Customer: replied 2 months ago.
I am a German citizen (not dual) married to a US citizen living in California. My husband is providing the 179.000 NZD for the purchase, and we have a family trust, into which we plan to transfer the new property. We have a polyamorous relationship with our Kiwi partner, but unmarried and cannot get married between three. My husband has also proposed that we start off our Kiwi partner at 10%, and then, since he will be developing the property over the next few years adding value to the land and temporary caravans on it, that we phase him into a higher percentage after he reaches each milestone, or re-evaluate his share every two years, after creating a kitchen, working on his own bus transforming it into a livable motorhome, adding a straw bale house later. He has agreed to pay 100% of the maintenance costs (full annual rates, electricity, materials, from the money he saves from not having to pay rent and storage any more and set aside more from his weekly paycheck). I guess that we should record this as well in our property agreement, just to be sure he does not change his mind later.
Is it possible to give him a higher percentage over time?
Expert:  Chris The Lawyer replied 2 months ago.

You can certainly prepare a property agreement which anticipates an increased share. That is not uncommon here with the sort of development you propose. The trust is not shown on the title, as trusts are not permitted to be shown but the land would held by the trustees. That is also a fairly common arrangement here

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