South Africa Law
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We were married in Community of Property in 1995 and in 2001 my divorce was finalised and part of the order was as per below;
That the joint estate shall the divided.
Custody of our 3 children was awarded to me, and he shall have supervised access to the children and he was ordered to pay R500/m maintenance for each child via the Magistrate and the children shall remain under his Medical Aid.
yes both of us jointly with each half share.
In 2004 my ex-husband wrote an affidavit to Std Bank cos thats where our bond was held. stating that he is divorced to me and he doesnt have anything to do with the house, all queries must be directed to me only.
The bank has cancelled the bond, only 60k was remaining on the bond, and as to where those funds have been deposited I am in the dark because the liquidators have ignored every effort made when requested the Liquidation and Distribution Account.
My last payment was made end June 2013, when i came through to the bank to make a deposit i was informed by the consultant that the account was closed and home loan cancelled, it was cancelled upon registration and transfer of the property on the 26th June 2013 to the new owners.
With regards XXXXX XXXXX Eviction order that they want to apply for, will this be frozen pending the investigation of the sale after obtaining a Court order to set aside the sale?
And if we are successful in this case is the transfer of the property reversable? Meaning that the house can be re-registered to my name?
The court order in the appointment of the Liquidator states "the liquidators have been appounted to realize the whole of the community estate including assets, movable and immovable, and for that purpose sell them or any part of them, by public auction or by private agreement as it may seem most beneficial with leave of both parties to bid..."
You mentioned that the estates were not owned by one common estate but by 2 joint estates since they were divorced, what confuses me is that the court ordered that the community estate be auctioned or sold by private agreement. Is community estate the same as joint estate? I'm really confused since reading the court order appointing the liquidators stating community estate.
The executor of estate is my ex-husband's wife. My lawyer gave me section 45(bis) to sign to have joint estate with the current wife, when i searched on MyDeeds website, her name appeared as the owner prior to the new people being registered. So i was confused because the liquidators said the Section 45(bis) needed to be signed so that the current wife can have her husband's share under her name and then the next minute the whole house was sold off to those people it had been auctioned to 2.5yrs ago but they hadn't paid the remaining balance within reasonable time but only in June upon registration of the house.