Julie Harding said the forced sale is devastating, arguing she is being punished for what her husband did.
“If I’m out of this house, I will never own a house again because I won’t be able to afford it,” Julie said.
“My world is all changed, and all I see now is the dark side of the world.”
Paul Harding earlier worked as an independent contractor for West Auckland home movers, AA Auckland Carriers, the IRD said in a press release in May last year.
“Harding didn’t register for GST or file any GST returns by the due date during the period 30 September, 2006 to 31 March, 2017,” the IRD said.
“He also didn’t file any income tax returns by the due date during the period 31 March, 2007 to 31 March, 2017.”
The IRD successfully applied to have Harding declared bankrupt in March 2019.
His half share in the Mt Albert unit was found to be the only asset authorities could get their hands on to try to claw back the tax debt to the IRD, a High Court judgment in June last year found.
That judgment by Justice Ian Gault said the IRD had filed claims to recover $487,242 from Paul Harding with $89,761 being declared a priority sum.
The Hardings’ home had a capital value of $340,000 at the time with the couple still owing $240,000 on their mortgage to BNZ, Gault said.
Despite the unit being a permanent home to Julie Harding, Gault said he decided it should be sold because Julie Harding didn’t oppose the order in court and because authorities had tried for two years to negotiate alternative outcomes with her.
That included giving her opportunities to buy the half share in the home that authorities had seized and granting her “multiple extensions of time” to “avoid a court-ordered sale”, Gault said.
He said at one point when authorities told Julie Harding in April last year they would taking control of the title to the property and “inquired as to whether Ms Harding would agree to be registered on the title ... as an equal share tenant in common, Ms Harding said it was her house and she was not interested”, Gault said.
“She then hung up.”
Gault subsequently ordered the home be sold with half the proceeds going to authorities on behalf of the IRD and half going to Julie Harding, who would also have to pay for the cost of the court hearing.
However, Julie Harding said she cannot afford a lawyer and believes she is being unfairly punished for her husband’s wrongdoings that mostly took place before their home was purchased.
“It is just the beginning of winter and my mum’s house is not big enough for us,” she said.
“So either we stay with her or we’ll be sleeping in the car.”
