Trespass from my own house

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Justmeasking

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#304441 4-May-2023 07:59

Hey guys,

Just a question about property ownership rights. So my partner and I own a house together but splitting up and want to sell (we've owned the house for years), I haven't lived there for about 5 months. He has started doing renovation (painting) and I'm not sure what else his going to do, he won't tell me anything. His been avoiding me and when I finally went there to ask about the house and what can be done to it, he asked me to leave and I said no. He was going to call the police on me and trespass me from my own house and property.

Does he have the right to do that?
Can he trespass me from my own property even if I haven't lived there for months?
What can I do if he proceeds to trespass me?

Much appreciated!

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#3072080 4-May-2023 08:07

You need to talk to a lawyer, not internet forum.

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lachlanw

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#3072081 4-May-2023 08:09

Recently acted as a support person for my sister who was going through a divorce with similar circumstances (changing of locks etc), from memory there isn't much you can do. My suggestion would be to start documenting every interaction with your ex partner and find a decent relationship lawyer. As much as possible try and keep it civil (without selling yourself short) as if it turns ugly and plays out between lawyers no one wins. I'm sure there will be people here who will be able to provide deeper insight into your particular situation. Good luck.

Justmeasking

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#3072082 4-May-2023 08:11

Thank you sidefx :)

xpd

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#3072091 4-May-2023 08:52

Contact CAB for free quick chat with someone more in the know prob best place to start.

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SirHumphreyAppleby

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#3072092 4-May-2023 08:53

Justmeasking:
So my partner and I own a house together but splitting up and want to sell (we've owned the house for years), I haven't lived there for about 5 months. He has started doing renovation (painting) and I'm not sure what else his going to do, he won't tell me anything. His been avoiding me and when I finally went there to ask about the house and what can be done to it, he asked me to leave and I said no. He was going to call the police on me and trespass me from my own house and property.

My understanding is you cannot be trespassed from a property you have a right to occupy, but he could try to get a Police Safety Order to prevent you having access even if you do have equitable interest in the property. Definitely talk to a lawyer, and also consider if he may be trying to orchestrate some sort of financial gain that solely benefits him through the renovations he is doing.

Bung

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#3072099 4-May-2023 09:18

SirHumphreyAppleby: Definitely talk to a lawyer, and also consider if he may be trying to orchestrate some sort of financial gain that solely benefits him through the renovations he is doing.

Locally there's a guy who thinks he can just let the property deteriorate. His ex needs her share more than he does so he's prepared to lose if she gets less. Needless to say lawyer now involved.

wellygary

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#3072102 4-May-2023 09:31

SirHumphreyAppleby:

My understanding is you cannot be trespassed from a property you have a right to occupy, but he could try to get a Police Safety Order to prevent you having access even if you do have equitable interest in the property. Definitely talk to a lawyer, and also consider if he may be trying to orchestrate some sort of financial gain that solely benefits him through the renovations he is doing.

This, The Trespass act cannot be used to stop you entering a property you joltly own...

(As above there are other avenues, such as a Safety Order, Restraining Order, or Family Court order., but all of those would requires them to prove to Authorities a reason for it)

But as others have said "Get a Lawyer"

https://www.legislation.govt.nz/act/public/1980/0065/latest/whole.html#DLM36927

Trespass Act 1980
S 13 Savings

Nothing in this Act shall derogate from anything that any person is authorised to do by or under any other enactment or by law, or restrict the provisions of any of the following enactments and instruments:

(a)section 42 of the Mining Act 1971:
(b)section 23 of the Civil Aviation Act 1964:
(c)any enactment or instrument conferring a right of entry on any land.

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jonathan18

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#3072111 4-May-2023 10:09

xpd:

Contact CAB for free quick chat with someone more in the know prob best place to start.

What we do - Ā mātau mahi | Citizens Advice Bureau (cab.org.nz)

Personally, for free (initial) advice I'd recommend your local community law centre, rather than a CAB, if you have one.

https://communitylaw.org.nz/

Eva888

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#3072113 4-May-2023 10:24

Maybe after 5 months he has a new partner and doesn’t want you there in case of an altercation. Do yourself a favour and get some legal advice on your shared asset.

If it has a mortgage on it you are still liable and need it documented that you have left the property and the change of circumstances will affect the banks view of said mortgage at renewal time. There’s also insurance to consider, you may need to advise your insurance about the change of circumstances if someone else has moved in and it’s no longer occupied by the insured. What if a new partner is nuts and starts smashing things up during arguments.

As you can see there are too many loose ends and possibilities that can bite you in future and make moving on with your life difficult so good to get everything on a legal footings as soon as possible. CAB as above is a good start.

Batman

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#3072174 4-May-2023 10:54

Justmeasking: Hey guys,

Just a question about property ownership rights. So my partner and I own a house together but splitting up and want to sell (we've owned the house for years), I haven't lived there for about 5 months. He has started doing renovation (painting) and I'm not sure what else his going to do, he won't tell me anything. His been avoiding me and when I finally went there to ask about the house and what can be done to it, he asked me to leave and I said no. He was going to call the police on me and trespass me from my own house and property.

Does he have the right to do that?
Can he trespass me from my own property even if I haven't lived there for months?
What can I do if he proceeds to trespass me?

Much appreciated!

Make sure you voice record all your conversation and interaction.

frankv

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#3072200 4-May-2023 11:54

wellygary:

SirHumphreyAppleby:

My understanding is you cannot be trespassed from a property you have a right to occupy, but he could try to get a Police Safety Order to prevent you having access even if you do have equitable interest in the property. Definitely talk to a lawyer, and also consider if he may be trying to orchestrate some sort of financial gain that solely benefits him through the renovations he is doing.

This, The Trespass act cannot be used to stop you entering a property you joltly own...

(As above there are other avenues, such as a Safety Order, Restraining Order, or Family Court order., but all of those would requires them to prove to Authorities a reason for it)

But as others have said "Get a Lawyer"

https://www.legislation.govt.nz/act/public/1980/0065/latest/whole.html#DLM36927

Trespass Act 1980
S 13 Savings

Nothing in this Act shall derogate from anything that any person is authorised to do by or under any other enactment or by law, or restrict the provisions of any of the following enactments and instruments:

(a)section 42 of the Mining Act 1971:
(b)section 23 of the Civil Aviation Act 1964:
(c)any enactment or instrument conferring a right of entry on any land.

I don't think (but I don't know really) that (part-)owning a property gives you a right to occupy or enter? e.g. if renting out a house, the landlord does not have right of access (except for in an emergency) without permission of the tenant. I don't know whether 5 months of living elsewhere means you're now legally in a tenant/landlord relationship.

NB: "proving to Authorities a reason for a Restraining Order, etc" is possible without a shred of evidence. This is a standard dirty trick in child custody disputes.

NB: Even if you have access to the land, you can't break into the house if it is locked up. But if you have a key, or the door is unlocked, you can go in, without needing his permission (except maybe if you're now landlord/tenant). I don't know whether you could then change the locks and prevent him from accessing the house. I suspect this also bars you from climbing in a window, even if you don't damage anything. And if so, whether this applies to a locked gate that you can climb over.

NB: Matrimonial property settlement is as at the date of separation, so any improvement in the value of the house through his renovations would belong to him. But it would be very murky to try and prove what the value of the house was at date of separation if it hadn't actually been sold.

scuwp

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#3072205 4-May-2023 12:13

The "right of entry" will be the part you will need to be prepared to prove. The fact you have a financial interest in the property and your name on the title should be sufficient, but I sense the lawyers will make a lot of money from that argument.

Can you be trespassed? Probably not if you have verifiable right to enter. Police won't want a bar of it.

Does that fix the conflict? No.

You need a lawyer...

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jonb

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#3072210 4-May-2023 12:28

It is also worth contacting your local women's refuge. They can give similar advice to the CAB in these scenarios, and also know which relationship lawyers to recommend (be prepared to put down a $10,000 retainer for the lawyer :(

freitasm

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#3072213 4-May-2023 12:34

@jonb:

It is also worth contacting your local women's refuge. They can give similar advice to the CAB in these scenarios, and also know which relationship lawyers to recommend (be prepared to put down a $10,000 retainer for the lawyer :(

Assuming the OP is a woman.

MikeB4

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#3072218 4-May-2023 12:54

When it comes to property settlement following relationship breakup I wouldn't seek advice or much credence in said advice form a Tech Forum no matter how well meaning. Please see a lawyer it may cost a few hundred dollars in the short term but may save thousands of dollars in the future.

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