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Married in ANC with accrual. South africa. Nothing as yet,

Hello JA: Hi. How can I...
Hello
JA: Hi. How can I help?
Customer: Married in ANC with accrual.
JA: What state are you in? It matters because laws vary by location.
Customer: South africa
JA: What steps have been taken so far?
Customer: Nothing as yet, want to get all ducks in row first....
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just have a few questions that I'm abit confused with
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Customer reply replied 19 days ago
Ok, so husband got inheritance of R500000 from his dad and a loan of R500000 from his aunt that we have to pay loan- after 10years. Husband cheated and I want a divorce. We married for 5years .he never worked and I paid all the bills e.g. bond, his car(on my name), medical and so forth. Question is
Now the aunt is saying according to husband it's his R500000 now does that mean that it's his accrual for the time of marriage. Our home is with 4million ,bond balance is R1500000. Note that I have paid all payments so far for the 5years. I Will be keeping the home. We have a son and a dog together.
How do we divide this...I am was the bread winner in this family
Answered in 7 hours by:
1/2/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,655
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.

If you are married ANC with the accrual then TYPICALLY any inheritances are EXCLUDED from the joint estate. That means that the R500k inheritance from his Dad is excluded and you won't have a claim against that.

You'll need to work out the increase in value of each of your respective estates, and then you would need to calculate the accrual. The accrual is the difference between the two estates and how much they have grown by. Your husband (i assume) would have a claim against you for half of the difference of the growth.

Your estates would need to include ALL assets, including cars, houses, etc.

If you paid all of the medical expenses, that's actually good for you because you're using your money on expenses, instead of assets. That money is "gone" and won't go towards your accrual calculations.

Money you spent on the bond is "bad" for you because there is now an asset there that your husband can ask for 50% of.

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: 1,655
Experience: BCom; LLB; Masters in Law
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Customer reply replied 19 days ago
Thank you for the response
With regards ***** *****( dad is still alive) that money we put into the home we bought together so does it still mean it is his?
What happens to aunt's loan now, if she say it's his now he doesn't have to pay it back to her?that money went into the bond when we purchased the home
Customer reply replied 19 days ago
Is it still an inheritance if it was paid into wife's account for the home that we bought together
Most certainly. It doesn't matter whose account the inheritance was paid.
Imagine if one could escape that by simply having an inheritance paid into somebody else's account.
No. What is important is that the person's inheritance is listed in the Liquidation and Distribution account which the executor draws up at the Masters office.
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If his Dad is still alive, then it is not an inheritance. I just saw your other post now.
It can only be an inheritance if his Dad passes away.
In your instance it would either be a loan that the Dad has made to him, or a donation.
If the Dad is still alive it is not an inheritance.
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The Aunts loan is treated in basically the same way as a bank loan. If the house is the asset, then the bond is the liability... And so too is the Aunts loan. It is a liability in the estate.
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CaseLaw
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Category: South Africa Law
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