Posted by: NATS123 | 2013-01-22

Dont know any longer

I believe I might be asking on the wrong forum but maybe someone here can help me. My parents got divorced in 2011. The joined property stayed in both their names due to the bond outstanding, the house market for selling was not a good proposal and my minor brother. The divorce degree states that my father would be responsible for all bond payment and maintenance on the property.

Unfortunately my mother passed away last year not leaving a will. This is the problem as the house is in limbo and my dad will have to purchase his house twice according to the bank. I find it difficult to believe as my mother only had half the house. Please help if anybody has any idea.

Thank you

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Posted by: Anon | 2013-01-22

It''s not as complicated.

Your mum''s late estate will go to the children. The house will get valued, less the bond and that value gets split in half and accrues to your father and the other half to the children.

So, say the house is R 1.0 million, bond is R 700 000. The net value is R 300 000 with half to the children and half to your dad.

If you want to keep the house, your dad needs to find R 850 000, to pay the bank their R 700 000 and pay your mum''s estate the R 150 000.

He can go an get a bond for R 850 000 and then the house is registered in his name. If you still stay in the house, your father may claim the R 150 000 from your mum''s late estate.

What it probably sounded like was that your dad had to pay the R 700 000 bond and then get another bond for R 850 000, appearing as a double purchase.

Hope this explains it.

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