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I have a joint bond with my ex boyfriend. The house is

registered in both our names...
I have a joint bond with my ex boyfriend. The house is registered in both our names and so is the bond.Area: Johannesburg South Africa.4 months ago, my boyfriend of 14 years suddenly left me. He has been paying his half of the bond so far but doesn't want to carry on paying in the future.What rights do I have? I don't want to move right now or sell the house. I am happy in this home and don’t feel I should be forced to sell or move. My ex is saying that I am holding him to ransom with the house and that he’s doing me a very big favour for paying so far.I know that to get the house transferred solely into my name, I'll have to pay transfer fees, which I can't afford. I also won't be able to get a new bond in my name because I am a freelancer and won’t qualify, and only got the bond before because it was a joint bond and we were both permanently employed at the time.So I will have to take over payment of the bond without transferring it into my name, and it remains a joint bond, but I pay for it all.So, If I ever sell the house, but I've paid more of the bond than he has (yet the bank doesn't know this because the bond comes off my account every month and I know that the bank doesn’t care who pays for the loan because we are both jointly and severally liable ), will he still get to have 50% of any profits made from the sale even though he didn't pay 50%? I also paid all the transfer fees when we bought the place originally, so already I’ve put in more than he has.Does there have to be some kind of paperwork done where he willingly signs over the house to me?Over and above the house situation, my ex boyfriend has been paying me every month for a sum of money I loaned him. We also own 6 cats together, and he has been paying half their food bills and half of any vet visits.
I fear that he could just stop paying for this loan and the cats too. How do I protect myself from this?He has left me in a very difficult situation here and I don't know what to do about it.Thank you
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Answered in 1 hour by:
11/17/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,633
Experience: BCom; LLB; Masters in Law
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Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

If you keep the house and continue paying the full bond yourself each month, your ex will be entitled to receive 50% of the proceeds of the eventual sale of the property. BUT, you will have a claim against him because you've been paying the bond. So, he will essentially see 50% of the "profits" of the house, but none of the actual "equity" of the house since he didn't pay for the equity.

This will be an accounting calculation and could be a little messy.

If he signs the house over to you, there will need to be a sale agreement drawn up. You'd need to get financing for his 50% of the house, and you'd need to pay transfer duties, and conveyancing fees, and you'd need to pay capital gains tax. So that's not the best for you.

So, the best way to deal with this is to enter into a written partnership agreement with your ex regarding the house which deals with:- who pays what; when must you sell; who must insure the house; who gets to live there; what rent will that person pay; what happens to the proceeds from the sale; etc. You'd be advised to ask an attorney to assist you in drawing up this partnership agreement because it could get quite technical.

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at Find a Law Firm specialising in Partnership Agreements. You can use the left hand menu on that website to refine your search to lawyers working in your area!

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ...

Regarding the loan, you should get him to sign a written loan agreement in which you record: the capital amount; the interest (if there is interest); his repayment obligations; when he must pay it off by; etc.

One way to do this would be for him to agree to take a lesser percentage of the house (i.e. instead of him owning 50%, he rather takes 40%, or something like that) and then you agree to waive the balance of the loan. That would mean that you take more of the house now, and you don't need to worry about him paying the loan each month.

The cats are a difficult one, because I would argue that you are now the owner of the cats and that you must pay for their food and vet bills. If he has been paying 50% to date, I would suggest that you continue to accept that money. If he stops paying, I don't know that a court would order him to pay again ....

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,633
Experience: BCom; LLB; Masters in Law
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Customer reply replied 1 month ago
Thanks very much for your prompt and detailed response.So a partnership agreement will mean that whatever he agrees to pay (according to what is written up in the agreement) he is legally bound to pay for? And that will protect me if he suddenly decides not to pay?

Yes, exactly. If he breaches the partnership agreement, you can sue him based on the terms of the agreement. It is about as strong as you are going to get.

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That's why I'm suggesting something in writing, and that an attorney assists in drawing it up. In that way, you will get an agreement which is clear and concise.

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Customer reply replied 1 month ago
Great, thanks for the advice. Much appreciated.
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CaseLaw
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