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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2458
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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If a person was "given" a property in an antenuptial

Customer Question

If a person was "given" a property in an antenuptial contract before getting married and the woman left her business for her children as an income to get married, look after an ailing man who then became weaker and sicker, landed up in an old age home where the costs are about R54K per month and his income from investments comes to about R25K per month and she has no income whatsoever, ho does this affect her chances to make an attempt to secure the "gift property" for herself? Will she be able to claim maintenance from him (he is still fully conscious but he son took over all the financial "work" from his father as he is appointed as excecutor of the estate once his father dies - how can they then claim that the woman should contribute one quarter of the man's health costs if she has no income and she does not receive anything from her sick husband?
Submitted: 3 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 3 months ago.

Hi there

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.

First of all let me start by saying that if she has no income then she cannot contribute towards her husband's maintenance. The wife can always claim maintenance if she is in need of maintenance but if the husband cannot afford it, the order cannot be granted.

Having said this, the home is extremely expensive and I cannot see the reason for this if his estate cannot afford it. Consequently one could argue that he should be put into a different and cheaper home.

If the property was donated to her then it is her property but if it is not yet transferred into her name, the donation will not be enforceable against third party creditors. It will however be enforceable against the other beneficiaries of the estate when the husband passes away.

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.

Regards

Expert:  Freddie Lombard replied 3 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards

Expert:  Freddie Lombard replied 3 months ago.

Are you receiving my posts?