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JJ
JJ, Attorney
Category: South Africa Law
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Experience:  Admitted Attorney 17 years experience
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I am married in community of property. After we got married

Resolved Question:

I am married in community of property. After we got married my husband bought a CC that owns property and we both worked for and build up another CC from scratch in the past 21 years of marriage. He is the only member in both cases. If we get divorced does he get both the CC's because they are legal entities or do I get 50%?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  JJ replied 1 year ago.
Hi and welcome!

My name isXXXXX you for giving me the opportunity to assist you.

Although he is the member, are there any other partners involved in the business?
Customer: replied 1 year ago.
No
Expert:  JJ replied 1 year ago.
HiHis interest in the CC will have to be valued and it forms part of the estate. You are entitled to half the value of his interest in the CC's. this will be in terms of the matrimonial property act that you will be entitled to this as you are married in community of property.Please ask ore if not clear.
Customer: replied 1 year ago.
Sorry to ask again but do you know of any legal reason why my divorce attorney would think otherwise. He believes that both cc's are legal entities and falls outside the estate?
Customer: replied 1 year ago.
?
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  JJ replied 1 year ago.

Hi Annette

I do not understand his view. You are not getting half the CC, but you are entitled to the value of the interest your husband has in the CC. This value needs to be calculated by auditors and a reasonable value should be established. This then is divided in two to give your share.

You are therefore in view of the fact that you also made a contribution to buidling this buisiness even further entitled to this.

I cannot think of a legal reason on why this is not viewed as part of the common estate by your lawyer. It is like shares in a company, it forms part of the value calculation of the common estate.

Please ask more if not clear.

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4457
Experience: Admitted Attorney 17 years experience
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