LEGAL INQUIRY.

Auckland Star, Volume LVII, Issue 10, 13 January 1926, Page 13

LEGAL INQUIRY.

(By-A BARRISTER-AT-LAW.)

'Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order in wnieli they are received, and replies will be inserted with the least possible delay. OLDUX.—Xot morn than £40 per year. PROPERTY.— (1) Your husband's share in his father's estatp now (Involves upou .you and your child, in the proportion of one third to you and two thirds to the child. (2) Application to the Court would be required before the child's money could bo used. EXLIGHTEXED.—I am of the opinion that the original mortgagor—that is. the man to whom you sold—is still liable under the mortgage. BETTY.—The conspnt of both parents is required. You will require th? aid of your solicitor to put the matter through. ROY-—There are many considerations which may affect the ownership of the furniture. Even on the farts stated in your letter, your wife might make out a very good rase in hpr own favour. Why not break up thp homo at once and lock up your own goods You might apply to the Supreme Court for an injunction, but unless you can show reasonable grounds for your fears, you ■will not succeed.

YORKS.—If the tenant does .not .comply it will be necessary to sue for poeeeision. It will not be easy to succeed, ! *e his actions are hardly within the definition of any of the grounds-for obtaining possession. ROYAL, DIVORCE.^ —Your husband'ean -• be made to support his children, but may claim custody. If your husband does not extract the decree absolute, you may do so. AXXIOUS.—From your letter it does not appear that the money is lent on ■ the lnnd at all. You should, I think, consult your solicitor, and put the loan on n business basis, for at present you have no security at all, but merely :i promise xo repay. W.P.V.—You should refuse to pay the extra and defend any proceedings brought. You have a good defence in that a material alteration was made in the agreement after you had signed. ■ GREATLY WORRIED.—Your *on can be discharged. The position seems to mc Ito be most unusual, and if your husband is insolvent, he should file.. As it is, the' nssets seem to be disappearing, and the chief creditor will get everything. If your husband files at once the creditor's security may be defeated, and you would' have a better chance of a dividend.