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Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2609
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I'm married in community of property. No ante nuptuals. I

Customer Question

Hi. I'm married in community of property. No ante nuptuals. I now seriously consider divorce. We have 2 properties. One was mine before the marriage, and has an outstanding mortgage for ~R450k, the other I bought after but due to communal property regime is registered in both our names. I've been the sole contributor for all property related costs as well as living and other expenses throughout our marriage. I've also helped carry my husband's often faltering business by paying a majority of his business expenses, none of which has ever been refunded.
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Western Cape Province, South Africa
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Essentially whether I'd have any grounds for claiming that he may not be entitled to a full 50% of the 'communal estate', to which he's not contributed in any way financially, and not a whole lot in other ways either
Submitted: 7 months ago.
Category: South Africa Law
Customer: replied 7 months ago.
Note - no children are involved. My husband currently lives in the house in town for which i'm still paying the mortgage, and I on the farm bought earlier this year. He has 2 of our rather large pack of dogs in his care (though I still send money whenever they/he need food/ anything else), and I the other 11 and 6 horses to take care of.
Expert:  Freddie Lombard replied 7 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.

Let me start off by saying that the technical situation is that you both are 50% owner of all assets and you are 50% liable for all debt. Under certain circumstances one party may be entitled to claim that the other party forfeits the benefits of a marriage in community of property.

It is often very difficult to determine if you will be entitled to a forfeiture order before trial as much will depend on the parties testimony and the trial judge's take on it. To read up more on forfeiture, you can click on this link.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 7 months ago.

I have noticed that you read the answer I provided but have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards