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I purchased a property with my boyfriend at the time in

I purchased a property...

I purchased a property with my boyfriend at the time in March this year. The relationship turned sour when I realised that his intention was solely to benefit from me financially. He moved out in April, and refused to communicate with me about the property for 9 weeks. I needed to know if I had to put my pre-exisitng property on the market / what was happening. Zero cooperation from him or communication

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Pretoria, Gauteng, South Africa

Lawyer's Assistant: Have you talked to a lawyer yet?

I am speaking with the Bank's attorneys who are covering the bond. I am still making full payment on my own

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They don't seem to be giving me advice though; all they're doing is telling me what state I'm in, given the circumstances

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Answered in 7 hours by:
12/3/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

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.

I assume that the property was registered in your joint names, as 50/50 owners. Also, the bond registered over the property 50/50.

I also assume that the loan agreement was entered into in your name, and that you're the only person who is "legally obliged" to pay back the loan.

If you don't pay the monthly installments then the bank will sue you, take a judgment against you, and then sell the house in execution. If the house is sold for less than it's worth, the bank will come after you for the shortfall.

If you do pay back the monthly installments, and your ex doesn't pay his share, then the following will happen:

- He will benefit from you in that you're paying his share

- He will still be a 50% owner of the property

- He will benefit from the increased selling price of the property

BUT, you will have a claim against him for the value of your contributions that you made on his behalf. Unfortunately, you'd need to prove those contributions in court. So, my advice is that you keep evidence of everything (to the cent) of what you've spent on the property.

The bank will not give you the best advice. They will just protect themselves. So don't necessarily listen to them.

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

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Customer reply replied 7 months ago
Hi there,The only correction is that, no, the bond is not in my name alone, it is in both of our names. However, as the bank (Absa) does not allow for two separate debit orders, the debit order comes off my bank account solely. Does this change anything for me?Thank you
Customer reply replied 7 months ago
Apologies, I mean "loan agreement". I'll double-check the paperwork tomorrow to be 100% certain. Thank you for responding on a Sunday night, so very much appreciated

The only correction is that, no, the [loan agreement] is not in my name alone, it is in both of our names. However, as the bank (Absa) does not allow for two separate debit orders, the debit order comes off my bank account solely. Does this change anything for me? --> No, but you're then on the hook (at present at least) because of the debit order issue. At the end of the day the bank does not care about your relationship with your ex. They only care about their money!

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Customer reply replied 7 months ago
Completely understood. I need advice though, what are my options?
(I'm going to say thank you again, I'm very grateful to you for this).

You can offer to buy him out of the property. If he refuses, then you might need to suggest that you both sell the property. If he still refuses, then you might need to carry on paying yourself until you decide to sell. If you don't want to do that, you might need to approach court to request permission from the court to sell the property!

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 7 months ago
Good day,
Regarding our prior related correspondence, you mentioned that as long as I'm paying the full bond and he isn't contributing, I would have a claim against home for his portion that I'm paying (as well as half of any other expenses I'm paying towards the house. The bank says I'm not entitled to claim anything because he isn't living in the house and I am. I really do not know what is happening and how I should be handling this. Please could you advise?

Why are you asking the bank for legal advice? Do you think that they are going to be looking after your best interests?

What I explained above is the simple explanation. Things are a little bit more complicated than that. Obviously.

The crux of the matter is that you are picking up his 1/2 share of the bond, and that's not right. You therefore have a claim against him for what you paid for the bond.

He might be able to claim something from you by way of rental (because you're living in the house), but unless he can PROVE that there is an agreement that you will live in the house AND pay rental to him, he won't be able to claim from you.

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