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Question
Posted by: Jacobeth | 2010/02/18

How do I get it back?

Hi,I' ve been married (COP) for 5 yrs with two kids.In 2006 my husband asked me to take out a personal loan at the bank for him to buy a car and promised to repay the money as we had a taxi. To date, he secretely registered the car in his name and sold it, bought another car for cash and he also sold the taxi but has not given me a cent to repay the loan. Talks about this have resulted in domestic violence. Do a have a legal leg to stand on as I want to divorce him?

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Our expert says:
Expert ImageFamily law expert

Section 15(9)(b) of the Matrimonial Property Act states that when a spouse enters into a transaction with a third party without his/her spouse, knowledge, knowingly that his spouse would not have consented to such transaction and the joint estate suffers a loss as a result of that transaction, then an adjustment shall be effected in favour of the other spouse upon the division of the joint estate.

bertus@divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010/02/19

Section 15(9)(b) of the Matrimonial Property Act states that when a spouse enters into a transaction with a third party without his/her spouse, knowledge, knowingly that his spouse would not have consented to such transaction and the joint estate suffers a loss as a result of that transaction, then an adjustment shall be effected in favour of the other spouse upon the division of the joint estate.

bertus@divorceattorney.co.za

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