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Question
Posted by: Friend | 2011/01/12

Divorce

Hello
I have a friend whose husband passed away 2 years back, they had 1 child. The husband was previously married to someone and later divorced with no children and both the husband and ex-wife were staying in the house but after the divorce the ex moved out. There is now a huge fight between my friend and the ex-wife since she wants to claim the house which my friend and the kid is staying in. In the divorce papers its stated the agreement was that the defendant (ex-wife) was entitled to 50% of the plaintiff’ s nett pension calculated as at date of marriage to date of divorce and that each party shall keep assets already in their possession. Does this woman (ex) have a case, this woman also got married to someone else after the divorce, can she really claim the house, what rights does she have or what is she entitled to?

Thank you

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Our expert says:
Expert ImageFamily law expert

it all depends on the wording of the court order or Settlement Agreement, without sight thereof it is difficult to advise properly. Normally where parties were married in community of property the joint estate is divided and as such each party is entitled to 50% of the assets and liable for 50% of the debt, unless a Settlement Agreement states otherwise. One needs to establish whether the ex indeed received an undivided share in the property after divorce. Remember that the child also has a claim for maintenance against the estate. Best would be to see an attorney.

Bertus Preller
Family and Divorce Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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1
Our users say:
Posted by: family law expert | 2011/01/16

it all depends on the wording of the court order or Settlement Agreement, without sight thereof it is difficult to advise properly. Normally where parties were married in community of property the joint estate is divided and as such each party is entitled to 50% of the assets and liable for 50% of the debt, unless a Settlement Agreement states otherwise. One needs to establish whether the ex indeed received an undivided share in the property after divorce. Remember that the child also has a claim for maintenance against the estate. Best would be to see an attorney.

Bertus Preller
Family and Divorce Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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