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Could you please tell me whether my marriage is in or out of…

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Could you please tell...

Could you please tell me whether my marriage is in or out of community of property - id no 5412085454082 Nkosinathi Mthethwa and Sibongile Patricia Mthethwa 5302030832088

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kzn

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all I need

Submitted: 8 months ago.Category: Family Law
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Answered in 55 minutes by:
9/26/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 124,424
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Can you please clarify for us? All marriages are presumed in community property unless there is some agreement in writing that the parties choose not to use the community property scheme.

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Customer reply replied 8 months ago
A marriage out of community of property, without accrual: This type of marriage becomes effective when the parties enter into an antenuptial contract. This is a contract entered into by both parties and sets out the rules and conditions in respect of the division of assets, and which will apply during the marriage.Aug 14, 2013
Is mine a combined division of assets or not - as far as I know should be antinuptual
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

The antenuptial or prenuptial or postnuptial agreement was what I referred to above, did you enter into such a written agreement, I would not know that, you would have to tell me that you have a written agreement to not have community property.

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Customer reply replied 8 months ago
antenuptial
Customer reply replied 8 months ago
I am requesting a written confirmation from my Lawyer as we had an agreement with my spouse - requirement from Debt solution to consolidate my debts
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

So, if you have an antenuptial agreement, then your marriage is governed by what is written in that agreement. If you opted out of the community property, you need a copy of the agreement not a letter from your lawyer. If you have the agreement that says you opted out of community property, that is all they require.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
I am sure you will be able to forward me that letter as I don't have the original document - misplaced during house burglarly
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

I am very sorry, but you have to get the attorney who drafted the original document to do that. We legally cannot send you any such letter, please review the site terms again as well, as that would be forbidden by law.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
I am afraid to say my impression was that you can help me to access this document to justify R620 that was debited from my account. So,I'm not happy at all with the outcome.
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

I sincerely ***** ***** that misunderstanding, but we know the site tells customers this right before they post their questions and the experts on this site do not work for the site so we cannot control what the customers read or if they do not read the terms before they post their questions. I sincerely apologize though for that misunderstanding.

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Customer reply replied 8 months ago
NB. I Quote your Mission Statement, ''Your satisfaction is our #1 priority. If you are not satisfied for any reason you get your money back. No questions asked. Need help with your order? Get in touch''
Can I have my money back so I can proceed elsewhere.
Thanks
N. Mthethwa FNB Acc.***********Cheque Empangeni Branch Code 220130
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

I again apologize, I said the experts are not site employees, so we cannot issue you a refund, but customer service can and if you contact customer service they will gladly refund your money based on the law forbidding us from doing what you misunderstood we could do.

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