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Posted by: Daniel | 2013-01-15

Divorce - flat 50/50

Got divorced 1 year ago. Ex and myself own a flat 50/50. Owned a house together 70% hers and 30% mine. She paid me out my 30%. I have been asking her for a statement on the flat for about a year. We rented the flat out. Rent gets paid to her personal bank account and then it gets debited of that account and into the bond(flat) account. She has access facilities on the flat account. When we were married she paid from her personal account a few thousand rand more or less every month into the flat''s bond. I in turn paid for the monthly petrol, food, cellphones, entertainment, overseas trip(one time), dstv, landline(tel.) etc.

I finally went to the bank to get a statement on the flat''s account. What I saw was that she has transferred money from the flat''s account back into her personal account. When I asked her about this she said that the money that she paid into that account is her money and that she has full right to withdraw it. But I know that she actually also overdrawn more that she paid in.

I have subsequently moved into the flat when the last tenant moved out. I pay her half the monthly bond amount including levies. The other half she must pay.

She wants me to pay the full amount. She says that she can''t afford it. Which I also know is a lie because she earns enough money to cover her half.

My questions are this:
A.The money that she paid into the flat''s bond is that legally hers??
B. What about the fact that I covered also for that time period the other general daily and monthly accounts when we were living together in our house. I feel done in because I can''t get that money back but she just decides that, that extra money is hers from the flat.
C. Can she evict me from the flat.
D. She now wants to sell the flat. I should agree shouldn''t I. She just can''t go ahead and do what she likes.
E.Also the money that she actually paid me with she has withdrawn from the flat''s account to pay me with for the 30% buyout from the house. She also took a extra bond on the house to add it to this amount to give me my payout on the house. Am I not paying partly my own payout back as I am living in the flat.???

Please advise my options.

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