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Question
Posted by: Scared | 2010-10-18

Forfeiture/Division: ANC

Married 33yrs. Abused, forgave, tried again and again and againHe also committed adultery. He chase me away-got 20yr younger girlfriend. I did all cleaning, gardening,maintenance and also worked 18 yrs outside the home. My salary deposited in his bank account all the time. He always said no need for me to get pension, insurance etc because there will be sufficient. Married out of community. 1 House is in both our names, the other just in his. Can I claim half of his pensions etc, half of the other house and ask for forfeiture of some assets.

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Our expert says:
Expert ImageFamily law expert

If you were married prior to 1984 out of community of property you ask for a Redistribution Order in terms of Section 7(3) of the Divorce Act. In order to be successful, the Claimant must satisfy the Court that he or she contributed directly or indirectly to the increase of the other spouse's estate and further satisfy the requirements laid down in the Act. Normaly you will be able to retain 50% of the assets.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010-10-19

If you were married prior to 1984 out of community of property you ask for a Redistribution Order in terms of Section 7(3) of the Divorce Act. In order to be successful, the Claimant must satisfy the Court that he or she contributed directly or indirectly to the increase of the other spouse's estate and further satisfy the requirements laid down in the Act. Normaly you will be able to retain 50% of the assets.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@divorceattorney.co.za

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