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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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My Partner and I met nearly 3 years ago. She was stating in

Customer Question

Hi. My Partner and I met nearly 3 years ago. She was stating in Cullinan at that stage and myself in La Montagne, Pretoria. She had her house up for sale and were looking out for another place in Pretoria and found one at The Woods in MeyersPark. After she had sold her house in Cullinan, she moved in with me for nearly 3 months. During this time, I striped the place she bought at The Woods from front to back. She bought the tiles, Taps, etc. and paid a friend of mine to build new Kitchen Cabinets. Me and my guys removed all the old tiles right-thru the house, I replaced and installed new copper pipes in the Kitchen and both bathrooms, installed n new bath in the one bathroom and completely changed the one in the main bathroom. After 18 months she sold that place and nearly made R300,000- 00 profit of which I didn't got a cent. There was a mutual agreement between us the she pays the bond and I pay the water & Lights, The Levy, buy the Groceries and our cigarettes.
Then she bought a house in Doornpoort, Pretoria where we curried on with our agreement. Then During Nov/Dec 2014 her youngest son moved in with us and our relationship starts to deteriate. I brought it to her attention and her response was that she cannot put here son onto the street.
He never contributed to the household and I lend him some money when he was in trouble financially. Now that things has gotten so worse that we drifted "apart" and the fact that I don't get along with her son, she decided to sell the 2nd property as well. During the time we were living here I did a lot in trying my best to get the garden looking beter, getting people to cut some trees, digging out thorns from the ground etc.
I would like to know if I have a right to some of the profit she had made so far (she is going to make nearly R200,000 on this House) and what way I should take.
Is there some-one you can refer me to too help me as we were living together as Husband and wife and now.?
I was in Prison and played open cards with her right from the beginning. She accepted me like that on one condition, that her kids and no-one of her family must ever find out about it. Somebody told a friend of hers that I was in Prison and he went and told everybody about it. Her sons are upset and doesn't want us together any longer and turned out nasty towards me. I was told by her last-night that its over and we must go our separate ways cos she doesn't wane upset het kids (31 and 34) and she is not willing to take the risk of them turning there back on her.
Please, I have given my everything in our relationship, always respected her, never been rood towards her, spoiled her etc. Is there a light for me at the end of the tunnel?
Regards
Johan
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning

Please just check my understanding of this:

1. You have one property in your name and that is the property where you now live in with her. Let us call that property A

2. She has a property in her name and that is the one that is now being sold. Let us call that property B

3. The agreement pertaining to property B was that she will pay the bond and you will pay the rest.

Am I correct?

Customer: replied 1 year ago.
Hello.
No, I don't have any Property on my name. We staying in HER House (Propertyin HER Name)
Yes Point 3 is Correct. Water and Lights, etc.
Expert:  WCLawyer replied 1 year ago.

Since you are not married and the property is not in your name or at least partially in your name, generally speaking, you would not have any claim to any of the profits from that particular property. Your only chance to share in the profit of that property, would be if you could prove a universal partnership.

The elements of that a party need to prove in order to prove a universal partnership is:

* That the partnership has been entered into for the benefit of both parties;

* That the partnership has been entered into for the purposes of yielding a profit;

* That both parties made a contribution to the partnership (whether monetary or otherwise); and

* That the contract must be valid.

If you can prove that this exists and such a partnership has been formed, no party to the partnership may:

* use the joint property of the partnership to the exclusion of the other partner from the control of such property;

* make use of the partnership property without the other partner's authorisation and make personal use of same;

* alienate, encumber and or dispose of any partnership property without the other party's consent.

The effects of this partnership will be similar to that of a marriage in community of property.

The partnership will end:

* If one of the parties predeceases the other; or

* By agreement; or

* By insolvency of one of the partners.

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