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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2674
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Married in community of property 1972 started businesses

Customer Question

Married in community of property 1972 started businesses with my late husband( who passed away 2014). He reflected in the ck alone since was considered a minor. After burial I discovered all Ck doc he was stated resigned ie (1999) and replaced by his half brother and my son. Businesses also owns my home and the business properties. Im literally homeless all my 43 years hardwork down drain. I never consented to what transpired in 1999. All i know we were building a family legacy.
Submitted: 1 month ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 month ago.

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Expert:  Freddie Lombard replied 1 month ago.

I have read your back ground information, but I cannot see any question.

Can you please ask specific questions so that I may be able to answer them?

Regards

Customer: replied 1 month ago.
Is it legal to transfer businesses and properties to someone else without a spouse knowledge when married in community of property? Am not entitled to my half estate? Isnt my husband's late estate supposed to be split between me and my children?
Expert:  Freddie Lombard replied 1 month ago.

Thank you,

OK, this is a complicated matter, and I do suggest that you get an attorney in your area to assist you with this.

When you married your husband in community of property, you automatically became owner of 50% of his entire estate, which aould have included the members interest in the close corporation. In other words, when he resigned in 1999 and sold/gave/transferred 100% of the memebers interest to his brother and your son, such a transfer would have been unlawful - he could only transfer 50% of the members interest.

The complications are endless, because you will have a claim to 50% of the corporations profits over the years as well as you were entitled to it.

So, in short, you are entitled to half the joint estate and 50% of the members interest in the corporation. The fight surrounding the corporation however will not be easy (because it was long ago). You WILL need expert assistance.

Your husband's 50% of the estate is not necessarily to be divided between you and your children - it depends whether he left a will, and if so, what the terms of the will was. If he died intestate, then yes, you and the children will inherit together. You will be entitled to a child's share (R250 000,00) and the children will inherit the balance.

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 questions here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 1 month ago.

Good afternoon,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.

Regards