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What is my rights? I have been living with my partner who is

 
SA-TOPLAW's Avatar
  • Answered by:SA-TOPLAW
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Customer Question

What is my rights? I have been living with my partner who is the home owner of the property for the past three years and has been responsible for basically all the consumable's: groceries, maintenance in and around the home, paying the gardener,housekeeper, water and lights (basically all day to day expenditure). I don't want to stay in this abusive relationship anymore but feel i will be losing all the way.

 

Optional Information:
Province: Gauteng

Already Tried:
She promised that we would buy the house together but never goes over into action. I have tried to get help for our relationship, but according to her she does not need help.

Submitted: 289 days and 21 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED
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Expert:  SA-TOPLAW replied 289 days and 21 hours ago.

Hi There - Let me try to help. Please clarify who has been paying all the consumables you or her - its not clear from the question. Has she been paying the bond alone?

Customer replied 289 days and 21 hours ago.

I have been paying the consumables and she has been paying the bond alone with the agreement that i am responsible for everything else.

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Expert:  SA-TOPLAW replied 289 days and 21 hours ago.

OK - thats good - what it could show is that the 2 of you have been in a partnership. Remember there is no such thing as a common law marriage in SA as yet (it is coming soon). You would if you are able to prove you are partners have a claim to half of everything including any equity in the house. I must warn you that she will probably say you were not partners and that your payment of all consumables was instead of paying rent for living in the house. If you are serious about taking it further you should go and see a good family law attorney who will look at all of your facts and advise you whether you have a strong case or not. I hope this helps. Please remember to rate my service positive if you are happy. Regards XXXXX XXXXX luck.

Customer replied 289 days and 20 hours ago.

We have been engaged for the past 2months? Does that make a change in your answer?

Accepted Answer

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Expert:  SA-TOPLAW replied 289 days and 20 hours ago.

Its good - it just helps to prove the intended partnership.

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 94.1 %
Accepts: 699
Answered: 6/28/2012

Experience: All areas of commercial and contract Law - specialist in property advice.

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Customer replied 223 days and 4 hours ago.

Good Morning -


It became clear this weekend that my fiance and her ex-husband of more than 4year ago is still the bond owners of the house we (me and my fiance) have been living in the past 3years - he has not been making any payment towards the bond for the past 4years and i feel that he does not have any rights to the property anymore, although his name is XXXXX XX the monthly bill.


The only reason why my fiance can still afford the monthly bond on this house is because i support all other finances towards the house and day to day living. I want to end this relationship but don't want to loose everything i have put in for the past 3years, please help if possible?

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Expert:  SA-TOPLAW replied 223 days and 4 hours ago.

You have rights you should go and see an attorney who will help you protect your position. Please remember to rate my service. Regards

 
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