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Question
Posted by: Annemarie Kruger | 2010-01-20

Inheritance

My husband has inherited a farm that states that spouses have no right on it in case of divorce etc. We have sold our our home to live on the farm and have invested quite a bit of money in it. We are married in the accrual system. The farm was valued at a substantially lower amt that what it is now worth. What happens to the accrual value of the farm in case of divorce.

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Our expert says:
Expert ImageFamily law expert

Dear Annemarie,

An inheritance, legacy or donation which accrues to a spouse during the subsistence of the marriage, except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator/trix or donor may stipulate otherwise, as well as any other asset which has been acquired by the spouse by virtue of his/her possession or former possession of the inheritance, legacy or donation are not taken into account in determining their respective accruals (are not included in the nett value of estate assets).

However, the profits from the sale of the communal home will be taken into account when the calculation is made to determine the accrual. Such profit can be regarded as an enrichment.

Bertus Preller
bertus(@)divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010-01-20

Dear Annemarie,

An inheritance, legacy or donation which accrues to a spouse during the subsistence of the marriage, except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator/trix or donor may stipulate otherwise, as well as any other asset which has been acquired by the spouse by virtue of his/her possession or former possession of the inheritance, legacy or donation are not taken into account in determining their respective accruals (are not included in the nett value of estate assets).

However, the profits from the sale of the communal home will be taken into account when the calculation is made to determine the accrual. Such profit can be regarded as an enrichment.

Bertus Preller
bertus(@)divorceattorney.co.za

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