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Question
Posted by: mondo | 2011/09/26

Assets

My wife wants out of the marriage after 17 yrs and wants a divorce, she says she has outgrown the marriage, and we must now part, however she is co-owner and a shareholder of the business , the shares were bought with both our money from the sale of our previous home, if /when we divorce, do qualify for half her shares of the company we are married COP , please advise.

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Our expert says:
Expert ImageFamily law expert

Yes, all assets whether in existence before the marriage and obtained during the course of the marriage will form part of the communal estate. As such, you will be entitled to half of her shares in the company.

Answered by Bertus Preller:

Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2011/09/30

Yes, all assets whether in existence before the marriage and obtained during the course of the marriage will form part of the communal estate. As such, you will be entitled to half of her shares in the company.

Answered by Bertus Preller:

Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

Reply to family law expert
Posted by: G-Dad | 2011/09/27

Yes, you can claim half her share of the company.

Reply to G-Dad

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