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Question
Posted by: Post 125 | 2011/09/01

Family lawyer

Thanks so much for your reply.
I divorced my husband in 2004, he refused to move out of the house and also refused the divorce. We stayed together and I was hoping things would change. In that time we had another child, he is 5yrs, and after all tese years things only change for a short time. I tried to stay in the marriage for the sake of my kids, unfortunately things did not change. I am so unhappy and live in fear. He abuses me verbally, mentally and physically. I can''t take it anymore, I need help desperately. This is why i decided to get a lawyer as he wants half of everything. I bought the house in cop, but the divorce degree state that I get everything. I am even willing to sell the house and give him half which I think is fair cause we both spend on the house. Please help.

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Our expert says:
Expert ImageFamily law expert

If the divorce order stipulate that you do get everything there is not much that your ex husband can do to acquire half. The fact that you lived together after divorce will have no bearing on the court order that was made.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2011/09/03

If the divorce order stipulate that you do get everything there is not much that your ex husband can do to acquire half. The fact that you lived together after divorce will have no bearing on the court order that was made.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za

Reply to family law expert
Posted by: Anon101 | 2011/09/01

My experience with lawyers was very bad including the one that is the expert here. We had 3 lawyers and the last one told me how to do my case on my own. Lawyers most of the time is a waste of money and your time. Try to figure out what you are going to do between yourselves. There is also a lawyer in CTN that is running law clinics and give advice for free (Rob Green - google him). Mediate a parental plan for the child and try and avoid lawyers as far as you can they are just in it for the money. If you really can''t do it on your own you can post here or on Divorce support group and will give you a lawyers name that is good.

Reply to Anon101
Posted by: G-Dad | 2011/09/01

Big mistake, you divorced, but still live together like husband and wife, what is the point of a divorce, even though the original order stated that you get everything, it is 8 years later, even though there is no such thing as common law because you lived together, if he can proof that he contributed, or bought things, he could claim those things, the house is a perfect example, if he continued to pay the bond for the house after the divorce, then he can claim on the house value since the divorce, unfortunately the property boom started after 2004, this mean that the house value must have increased to double or more of it''s original value before 2004.

I agree with you sell the house and give him half, but it sound like that is not exactly what he want, he want more.

I think at the end of the day the lawyer will take the other half left over, you will end up with nothing, believe me, I have spend a fortune on lawyers and just about all rip you off.

A lot of times you see the attorney 2 or 3 times and then there is no court papers served of anything, you will look at a bill of R10 000, then nothing really has been done to your case.
If you have a R100,000 or more to waste then go ahead, we are all stubborn and at the end of the day we the one''s that loose, only the attorney win, he still make his money win or loose.

Reply to G-Dad

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