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Good day, I have taken...
Good day, I have taken excellent advice previously with Just Answer. My questions now are related to property, I am recently divorced, the property in question is solely in my name, we were married in community of property so in terms of the divorce my ex husband and I share the profit from the property.I need to sell the property which is a 5 acre plot on which ex husband lives, besides him there are 4 other tenants - I do not live there and have not done so for over 7 years, during this time I have received no income from the rentals from him and no other monies.My questions are:
1. Please confirm that as my name is ***** ***** one on the Title Deeds I can sell the property without his signature, but I need to split the profit of the sale.
2. I have a possible buyer so no Selling Agent is involved, I will need to use a conveyancing attorney, do I need one in the area of the property and how do I go about finding one?3. To sell a property I need to get an Electrical certificate, as the property is a 5 acre plot with no municipal water but is borehole dependent - do I need a Borehole certificate?4. There has been NO rates and taxes ever paid against the property, no demand has ever been received - as far as I know no assessment has ever been done. I therefore need to contact the municipality concerned to get the process started, should I do this first or do I leave this to the Conveyancer. I know that all outstandings need to be paid before a sale can go thru, it is not possible to pay the debt before the sale as just do not have money available at all (My pension is approx (R3000.00 p.m.) Hence the necessity of the sale. All these conditions will be written into the Offer to Purchase.5. Will there be tax to be paid on the sale - this is the only property I own.6. I only plan to tell my ex husband when the sale is approved and 100% sure. (He is not going to be asked to move out of the property - as the buyer is my eldest daughter.7. What is the position for a first time buyer when applying for a bond - is there any consideration that will given? How do we work out the monthly repayment on the Bond?8. On a Rental Agreement what does the up front tenants deposit cover?Many thanks for your help
Regards
***** ********@******.***
Submitted: 8 months ago.Category: South Africa Law
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Answered in 15 minutes by:
10/5/2017
Lawyer: Christiaan K,
 replied 8 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 218
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assistyou in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

I will answer in nmeric order:

1. No, the fact that you were married in community of property (COP) automaticaaly made him 50% owner of the property even though his name did not appear on the deed. He should therefore co sign any deed of sale as owner.

2. No, conveyancing can be done by any conveyancer throughout South Africa. Best to let the conveyancer draft the deed of sale for you as well. You can click on this link to search for a conveyancer.

3. There are various possibilities, depending on the water usage. You can click here to read more.

4. The Conveyancer will deal with this.

5. Possibly Capital Gains Tax yes.

6. See the answer to 1 above.

7. I am not sure I understand your question. The different financial institutions have different requirements. You can easily google bond calculator on the internet to get an idea of the repayment amount.

8. Any damage to the property or arreas.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I donot get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

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Customer reply replied 8 months ago
Re 5. How is capital gains tax calculated (approximately) I was under the impression it only became an item if one owned more than one property.
Customer reply replied 8 months ago
Can you please answer the above question
Customer reply replied 8 months ago
What has happened .......I am not getting any more back from you
Customer reply replied 8 months ago
Re question 8 - "damage to property" Yes, but can you give me more details on this. I presume if a door is broken or a window, but does this extend to the outside of the property too? And if the inside is left in a dirty condition, can the landlord charge for cleaning and repainting?
Lawyer: Freddie Lombard, Attorney replied 8 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,803
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

It looks like your other expert might be unavailable at the moment.

I will try to assist you.

Capital Gains Tax is calculated on any capital gain you have made. In this case, if the property is your primary residence, there is an exemption on the first R 2 million capital gain (profit) made when selling the property. You can read some more here on how the capital gain and the tax thereon is calculated.

Damage is any financial loss suffered by the landlord as a result of the tenatns occupancy. In other words, yes, it will include anything broken inside or outside, it will include cleaning carpets etc (if this was agreed) OR if the carpets were clean when the tenant took occupation and is dirty when they vacate. The tenant MUST return the property to the landlord in the same condition as they received it, fair wear and tear ecluded.

I hope that this answered your questions.

Please remember to rate the service positively if you are satisfied.

Regards

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Customer reply replied 8 months ago
Referring to Question 3, We are in Gauteng, is there no clear ruling as to whether or not I need to get a Bore hole certificate? The same with the Electrical Certificate, I was hoping you could give me clear answers on these mattersQ 5. Capital gains - thank you that is now clearRegarding Q 1. My name is ***** ***** name on the Title Deeds.......... surely as long as I comply with the terms of the divorce- i.e. total disclosure and sharing of profit, that would be all that is necessary?
Lawyer: Freddie Lombard, Attorney replied 8 months ago

OK,

I think the previous expert's answers were very clear. There is no such thing as a Borehole Certificate. You do not need any permission or registration to drill or have a borehole. You only need to register the water use, however, if the water use is as per schedule 1 ie. if the water is used for:

  • reasonable domestic use in that person's household’;
  • ‘small gardening not for commercial purposes’;
  • ‘the watering of animals (excluding feedlots) which graze on that land within the grazing capacity of that land’.

You could have a legal duty to have the water tested to ensure that it is safe for human consumption, but this is not a statutory requirement. You do not have to do it.

You did not ask any questions regarding the Electrical Certificate, you merely stated that you will have to get an Electrical Certificate. This is correct, in order to transfer the property, you will need to get a Certificate of Compliance of the Electrical Installation, issued by a registered electrician.

Regarding question 1, no, it does not matter what is written on the title deed - the moment you got married, your husband's name is ***** ***** be on the title deed, and you cannot deal with the property without his consent. So, for legal purposes, even if his name is ***** ***** on the title deed, it is in reality on the title deed.

Please remember to rate the answer positively.

Regards

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