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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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I am going through a divorce I am receiving a R200 000 payout

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I am going through a divorce I am receiving a R200 000 payout from my ex husbands pension I would like to pay this into my bond that would leave a balance of R150 000 would this be seen as a section 45 and what costs would be involved
Welcome, and thank you for your question.

Please clarify to which Acts you are referring when you mention sections 45 and 42, respectively.

Yours faithfully
Customer: replied 3 years ago.

Section 45 when transferring property from one name to another and section 43 mentioned by my divorce lawyer as I do not earn a fixed income commission based and after paying only essentials will be left with R1348.00 per month for food while he will be left with a surplus of approx. R8000.00 per month. do I claim monthly maintenance as I am being forced into the divorce as he does not want to save the marriage or even try

If the property is registered in both your names and his portion will be transferred to you as a result of the divorce, it will be done by way of a section 45 endorsement. That is slightly less costly and quicker than a normal transfer as it will be exempt of transfer duties, but the total cost will depend on the value of the interest transferred. The payment of part of the divorce settlement into the bond will have no effect on the costs.

Rule 43 of the High Court rules make provision for claiming interim maintenance pending the finalisation of the divorce. This seems to be the route to take in your situation.

Yours faithfully
Mike Otis and other South Africa Law Specialists are ready to help you
Thank you for your valued support. Thank you also for rating my answer. I trust that your matter has been resolved or is in the process of being resolved.

Should you encounter any further problems, either with the above or any future matters, please do not hesitate to contact me with your questions by clicking on my profile link, which you will find at the end of this message, or at

Yours faithfully,