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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2402
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I am married in community of property. Just found out that

Customer Question

I am married in community of property. Just found out that my husband co signed a lease with another woman ( she apparently did not qualify financially one her own at the time). She has a brother and a mother who can help her out. What are the legal step I can take. He did not tell me about this until I saw the email on computer from the rental agency to say they changed address, only then did he tell me about this.
Submitted: 6 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 6 months ago.

Good afternoon,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am not sure why you would want to sue the rental agents or what for? Please elaborate why you think the rental agent's did something wrong?


Expert:  Freddie Lombard replied 5 months ago.

Hi there

I am just following up to remind you that I am still waiting for your response before I will be in a position to answer your question.


Customer: replied 5 months ago.
Good afternoon
My internet was down at home and I could not respond.The reason I want to "sue" the rental agent is because she was dishonest. When she discovered (after I told her) in our telephone conversation that I was his wife, she did not disclose that he was in the process of signing the rental agreement. The woman in question has now approached my husband twice to help her out to pay the rent as she could not pay it. If she defaults in paying, my husband will be held liable and indirectly so will I as we are married in community of property. Why should I "pay" for her rent? I work full time. I need to know the terms and conditions of the Lease as my husband just told me that everything has been sorted out and that his name is ***** ***** the lease. I do not believe him and have asked for proof. This woman is know for playing the sympathy card with men, especially married ones (then she has a hold over them.... that is my believe... if you don't pay the rent because you signed the lease without your wife's knowledge, I can "blackmail" you and turn an innocent gesture of help into something ugly. My husband and I are running a business together and I am seriously worried about the implications of his actions should this woman decide to turn ugly. She knows that I dislike her(even before I knew about the lease).
Customer: replied 5 months ago.
Please note that I don't really want to sue but I do not want the same thing to happen to someone else. The rental agent as far as I am concerned acted without any morals or scruples. It was a case as long as I can get the lease signed and get my commission, to heck with the "fall out"
Expert:  Freddie Lombard replied 5 months ago.

OK thank you,

Unfortunately, dishonesty is not a cause of action - or to put it differently, you cannot sue someone for being dishonest. In fact, dishonesty in and of itself is not even a crime that can be prosecuted.

You also cannot sue someone for something that may or may not happen sometime in the future. Only once you have suffered a loss or damage will your right to institute a claim arise.

When you spoke with the agent and told her you are married to your husband in community of property - had your husband by then signed the contract or not?

If you expressly told the agent that you do not accept the contract, then I would suggest that your husband's signature on the contract will not be binding on your joint estate.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.


Expert:  Freddie Lombard replied 4 months ago.

Good afternoon,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.