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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1364
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I am going through a bad divorce. I am married out of community(

Customer Question

I am going through a bad divorce. I am married out of community( ANC) of property with no accrual. When I bought the house I am living in now, I had a another property and bond, so I could not get a bond on my own so we got a bond in both our names. I retired +- a year later and settled the whole bond so we owe nothing although it is an excess bond. I spend +- R 685000-00 upgrading the house. She often told me to put the house in my name which I did not do it at the time? Now she is trying to claim half of the value of the house because it is in both our names. Although she has put next to nothing into the house is this allowed. Plus she wants to charge me rent for her so called half of the house. she moved out and bought herself a house. The other property has been sold.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 2 years ago.
Good morning, 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. OK, so what you say is that the house is registered in both your names, and you are married without the accrual system. That means that legally speaking, she owns 50% of the house. She does not have to claim anything, she is already the owner of 50% of the house as it is.I know that this is probably not the answer you wanted, but I try my best to provide you with an accurate answer in accordance to the current legal position in SA. I do wish that I could give you some better news, but I also believe it is in your best interest to have the correct news rather than incorrect good news. Please remember this when rating the service. If you need more information on this topic please feel free to ask more at no extra cost.If you are satisfied that I answered your question correctly, please give this service a positive rating.Regards