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Question
Posted by: JUST ME | 2010/06/10

Bertus I need you help

Hi
I was in a 4 year relationship and was engaged for give or take a year. We bought a house together and rented it out to the mine. But the rent did not cover the full bond amount sho my ex paid the difs. every month. We split due to him cheating and I had to give up my job to move back with my parent that was living in another city.

Long story short my ex got behind on payments and when I phoned he said if I don''t want my name to go bad with his, I have to sign a letter saying he has full rights to the house and that he has my permission to carry the house over in his name.

Long story short, Iv''e written a letter saying he has full rights to the house and that he can sighn the house over in his name.

It''s been more than a year now, Im still waiting for him to take the house from my name. He is full of excusess saying he hasn''t go the money for transfer fee''s est. The house beeing on my name influense my credit record. It makes me overcommited.

What can I do? Does he have to sell the house and if he does do I have the right on half the profit excl. my half of payments that should have been made.

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Our expert says:
Expert ImageFamily law expert

As it stands, you have a 50% undivided share in the property. You can sue him for specific performance, i.e force him by way of a summons to take transfer of your share in the property. If he fails to do so you might be able to attach his share in the property and then by way of a writ of execution sell the property. It is a problematic issue, you can contact me on bertus@divorceattorney.co.za for more information.
Answered by Bertus Preller
Family Law Attorney
KWJ Inc. Attorneys
www.divorceattorney.co.za
bertus @divorceattorney.co.za
24 hour Consulting Line : 0835334428

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: JUST ME | 2010/06/15

Thank you for the advice. I will get into contact with you soon regarding this matter.

Reply to JUST ME
Posted by: family law expert | 2010/06/10

As it stands, you have a 50% undivided share in the property. You can sue him for specific performance, i.e force him by way of a summons to take transfer of your share in the property. If he fails to do so you might be able to attach his share in the property and then by way of a writ of execution sell the property. It is a problematic issue, you can contact me on bertus@divorceattorney.co.za for more information.
Answered by Bertus Preller
Family Law Attorney
KWJ Inc. Attorneys
www.divorceattorney.co.za
bertus @divorceattorney.co.za
24 hour Consulting Line : 0835334428

Reply to family law expert

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