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JP
JP, Attorney
Category: South Africa Law
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Experience:  General South African Law.
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I am 50yr old. Being married to a farmer AND his mother (83)

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I am 50yr old. Being married to a farmer AND his mother (83) for 25 yrs now. She is worse than Hitler.   My kids are Engineers, both now 24 and 22 yrs old wants nothing to do with their dad or his family, due to certain events. Youngest one 2nd yr University. He and his mother wants me out of this marraige, as she has put it - its HER SON not mine, wants me to sign forms that I will not take everything or anything should I leave. Father in law passed away - warned me about this - I should have listened. To give an example, about 300 foremen used to work here, all got fired. I am told I can go live in the squatter camps and will not be able to see ONE cent, as he has given everything to HER and the two of them used their veto right to vote me out of the TRUST, so I have nothing - not even a bank account. Husband also likes other men. I dont have any money, he is worth about R25 million. He is now building a house of R3 million - and I have nothing, cant afford lawyer
Hi What state are you located in?
I have transferred this question to our South Africa law experts. Sorry for the confusion.

Good day Madam!

 

My advice:

 

1.Dont sign anything they want you to sign!

 

2. If your husband passes away in the future and you are not nominated in his will or if you are nominated but it is a meager amount that is bequeathed to you, you may lodge a claim against the estate of your husband for maintenance for the rest of your life so the executors (if there is money left after all creditors have been paid) will be forced to acknowledge your claim as his wife and your claim must first be satisfied before the executor may pay out or transfer assets to his other beneficiaries like your mother in law.

 

3.You may also summons him for a divorce if you want out of the marriage and you still have the right to claim maintenance from him even though you are married out.

 

4. Your claim at divorce or against his executor at his death will also have an even greater effect as you are married with the accrual.

 

Quick and simple explanation of accrual: Since you got married up to the date of death or at date of divorce of your husband, say his assets is worth R100 000 and yours is R50 000, then the difference between the asset value(R50 000) is divided by 2 (R25000) and the party with the smallest asset value is entitled to claim the R 25000.

 

So yes you have a maintenance claim and a claim on the basis of the accrual. However any assets in a Trust falls outside the calculation of his personal assets and wont be included in the calculation of the accrual but this wont affect your maintenance claim.

 

Please note that people who cant afford an attorney may refer their case to the legal aid board which will provide you with a lawyer free of charge.

 

However i am sure that some attorneys who specializes in these type of matters may ask you for no deposit but will agree to collect their fees after your claims have been satisfied.

This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

 

Thank you for your question and if you feel that I have been of assistance kindly accept my answer.

 

Kind Regards

 

JP

Attorney

 

 

JP, Attorney
Category: South Africa Law
Satisfied Customers: 1063
Experience: General South African Law.
JP and other South Africa Law Specialists are ready to help you
Customer: replied 7 years ago.

This is terrible. So, he and his mother walks with everything....I should have known, thats why they kept on telling me i will land up in the streets. He has NOTHING in his name - personal - eveything is in the trust with the 2 of them as trustees. So, basically, I should live like this for the rest of my already miserable life.