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I own a house with my ex husband, what is my legal position…

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I own a house with...
I own a house with my ex husband, what is my legal position on selling the house / forcing him to sell - what type of lawyer should I be looking for?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 6 minutes by:
6/17/2010
Lawyer: Mike Otis, Legal Advisor replied 8 years ago
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
Experience: B.Comm; LL.B; LL.M.
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Dear Madam,

Thank you for your question. Kindly provide me with the following further information:
1. Are you already divorced?
2. If so, did the divorce order, or settlement agreement (if any) make any provision for what is to be done with the house?
3. Who is presently occupying the house?

I trust you find the above in order.

Yours faithfully,
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Customer reply replied 8 years ago

Dear Gys

 

Thanks -

 

Yes been divorced for two years +

Settlement stated that the house would be sold and proceeds split equally after settlement of bond.

My ex husband as of today. Much of my furniture is still there so that the house can be shown to prospective buyers.

 

Renee

Lawyer: Mike Otis, Legal Advisor replied 8 years ago
Dear Renee

I usually try to get all my questions out in my first info request, but if you don't mind, kindly advise me on the following as well:
1. Is he complying with the settlement by co-operating with the efforts to sell?
2. Has there been any serious offers on the property?
3. How much is remaining on the bond?
4. Who is presently paying the bond?
5. Did the settlement make any provision for occupational rental to be paid by your husband while he still occupies the house?

Yours faithfully,
Ask Your Own South Africa Law Question
Customer reply replied 8 years ago
Dear Renee

I usually try to get all my questions out in my first info request, but if you don't mind, kindly advise me on the following as well:
1. Is he complying with the settlement by co-operating with the efforts to sell?
2. Has there been any serious offers on the property?
3. How much is remaining on the bond?
4. Who is presently paying the bond?
5. Did the settlement make any provision for occupational rental to be paid by your husband while he still occupies the house?
Customer reply replied 8 years ago

Dear Renee

I usually try to get all my questions out in my first info request, but if you don't mind, kindly advise me on the following as well:

 

Hi Gys

 

1. In a very half-hearted manner - all the effort so far has been made by me. He has in the last week or so agreed to lower the asking price but will not respond to my requests for him to advise me of who he is willing to consider as an estate agent since he refuses to use the one I prefer as they want a sole mandate.

 

2. Yes, there has been one - some two million rand below asking price. I believed that it was excessive (the asking price), hence the negotiation with him to agree to a lower one.

 

3. About R700,000 remains.

 

4. Whomever has been living there has been paying the shortfall. This was a 'gentleman's agreement'

 

5 Again, no - had I been staying there I would have been responsible for whatever shortfall on the rent , rates, electricity etc.

 

Thanks, Renee

 


1. Is he complying with the settlement by co-operating with the efforts to sell?
2. Has there been any serious offers on the property?
3. How much is remaining on the bond?
4. Who is presently paying the bond?
5. Did the settlement make any provision for occupational rental to be paid by your husband while he still occupies the house?

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