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Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2670
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I am married in community of property and having marital

Customer Question

JA: Hi. What is your issue regarding?
Customer: Good morning, I am married in community of property and having marital issues with my husband who is not presently at home. I applied for divorce however that process is currently on hold as I do not have money to pay for the lawyers because he is challenging the process. I have heard he bought a new car but that was without my consent. What can I do to find out if this is the case or not and what are my legal rights in this matter.
JA: How old is the vehicle? When was it purchased?
Customer: I am not sure if it is a new vehicle or not, I am however concerned he might have used his name or his company. The vehicle was purchased last week.
JA: Because laws vary based on location, what state are you in?
Customer: I live in South Africa
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is it possible to get the details of this purchase and oppose it? If so how do I go about doing this?
Submitted: 10 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 10 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.

The only way to find out where he bought the car is through the litigation process by requesting it through the discovery process. You can then contact the financing institution to find out if he informed them about his matrimonial property regime and inform them that you have not consented to the purchase.

If he has then lied on his application, they might charge him with fraud.

I hope this answered your question.

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Customer: replied 10 months ago.
Will that process be possible if he used a Company registered under his name as well?
Expert:  Freddie Lombard replied 10 months ago.

Yes you will still be able to get the info in the discovery process but you will not be able to object to the purchase since he does not need your consent if he makes purchases in the normal course of business. That is one exception to the normal situation of married in COP.

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