Task 2: Ownership

(a) Matthew and Nola have been married for 52 years. Matthew has dementia and is about to move into residential care, as Nola is no longer able to look after him at home.

Their property is registered as a joint family home under the Joint Family Homes Act 1964. Nola wants to sell the house – partly to pay for Matthew’s care, and partly so that she can move into a smaller home nearer Matthew’s care facility.

(i) Briefly explain the purpose of the Joint Family Homes Act 1964, and then discuss whether Nola can sell the house and, if so, under what circumstances. To whom should you refer Nola for further advice?

(ii) How would this situation be different if, before he became ill, Matthew had granted Nola enduring power of attorney to manage his welfare and financial affairs?

(b) Joe Ngata and Paul Devine have asked you to appraise their home for sale. When you look at the certificate of title, you notice that the home is registered in three names, which suggests a possible trust situation.

You ask Joe and Paul about this and they confirm that the property is in a trust. Their solicitor, Elizabeth Bigham, is the third trustee. However, they don’t want to involve Elizabeth yet, because she’s very busy and very expensive.

Briefly explain to Joe and Paul who needs to sign the agency agreement, and any subsequent sale and purchase agreement. Include the name of the relevant legislation in your answer. To whom should you refer them for further advice?

(c) Matiu Hemopo has come to your office, saying he wants to sell two of his investment properties. He has just finished renovating one, and the other is nearly finished. He wants to put them on the market for a quick turnaround.

When you look at the certificates of title, you see the properties are both registered in the name Hemopo Holdings Ltd. You check the Companies Register and see that there are two directors, Matiu and Nathan Hemopo.

Does Matiu have signing rights for the agency agreement and the sale and purchase agreement? Why/why not?