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Question
Posted by: LEE | 2010-03-03

divorce settlement

I am considering divorce,due to my husbands infidelity,we are married in c.o.p since 2007,my concern is my husband obtained the house a few years before we got together he is in the s.a.p.d. am i eligible on 50% of the house if it gets sold or does it stay his property and of his pension fund i dont know how to enter the settlement because he keeps on telling me i should leave his house its his property and that i wont get any cent from his pension fund,what am i to do,please help me

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Our expert says:
Expert ImageFamily law expert

The obvious advantage to marriage in community of property is that the person who contributes less financially to the joint estate stands to gain more in the eventuality of a divorce. A disadvantage to this form of marital contract is that should your partner acquire debt or experience a crippling financial setback, you will bear the losses equally. Thus, you will be entitled to 50% of the estate as a consequence of the matrimonial status of your marriage and will be legally entitled to half of the house and other assets.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010-03-03

The obvious advantage to marriage in community of property is that the person who contributes less financially to the joint estate stands to gain more in the eventuality of a divorce. A disadvantage to this form of marital contract is that should your partner acquire debt or experience a crippling financial setback, you will bear the losses equally. Thus, you will be entitled to 50% of the estate as a consequence of the matrimonial status of your marriage and will be legally entitled to half of the house and other assets.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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