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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2681
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Its a long story i am getting divorced and am researching

Customer Question

its a long story
i am getting divorced and am researching gross ingratitude to recover gifts from my wife
very long story and involves my sequestration and ANC without accrual
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 2 years 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.
You are welcome to ask your question, I will answer it as soon as I am able to do so but I am stepping out of the office in a few minutes so I do hope that you do not mind to wait?
Customer: replied 2 years ago.
i had an acciden in 2003 dec and was semi paralised from this. i lost my businesses and everything else i had including my wife and children. i was sequestrated in Dec 2005 i met MEH in 2005 and married in 2007 with an ANC with no accrual. i was working
out the country and put everything in her name as north west africa is a dangerous place. the marriage has broken down and i have moved out to stay in one of the karoo houses i bought and renovated. now she claims my full estate because its in her name and
includes 2 karoo properties, a Fortuner, a vito bus, a merc 230s, and a BMW motorcycle. she is also claiming R20k pm maintenance from me when i am unable to find work, have had a nervous breakdown from the expat project management pressure and had a accident
with the bike that has left me unable to use mmy arms and one leg properly. she has been offered two school teaching jobs which she has declined saying i will look after her. i want to claim my estate back of which it is about R3m and my vehicles as i was
verbally, mentally and psychologically abused and she abandoned me not being willing to stay with me in NW africa. i want to do so on the grounds of gross ingratitude for all i have done for her and her kids and want my estate back. i have had a nervous breakdown and went into depression, had a motorcycle accident and have hurt my arms and left leg and cannot get work. she is a qualified teacher and has declined two lucrative posts saying i will support her.
how do i go about the gross ingratitude?
Expert:  Freddie Lombard replied 2 years ago.
Hi there
From what you told me it might be difficult to claim everything back on the grounds of gross ingratitude.
In my view, your best claim would be simply to claim everything back from your wife stating the agreement between you were never that she would become the owner of the property, it was simply done for estate planning purposes (if that was indeed the case). For the movable properties this should be easy enough unless she can prove that you gave it to her as a gift (in which case gross ingratitude would be your best option). The title holder is not necessarily the owner of it.
Fixed properties are however a bit more difficult as the registered owner is the owner of it. If however you can prove that there was an agreement between you as to the reason for putting it on her name and she knew that it was never intended to become her property, then you might be able to prove your claim even though it would be a very difficult claim.
To use gross ingratitude, it must indeed have been a gift to your wife which from what you told me does not seem to be the case. If however it was the case, then you may be able to succeed with your claim if you can prove actual gross ingratitude of a serious nature. Normal breakdown of the marriage relationship will not cut it, she would have had to behave in a despicable nature towards you which would objectively be viewed as very serious ingratitude.
There is some case law on this which you can read:
I hope this answered your question.
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