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Question
Posted by: Mrs M | 2010/08/12

Joint Bond

We have a joint bond and is married in community of property. however i have been the only one paying the bond for all these years. i want a divorce because my husband is a serial cheater and want to know if there is any way i can ask of the courts to keep the house and custody of my children, as we have 3 children (whom i and taking care of finacially as well, school fees, medical, dressing them. etc..) all he does is pay for the utility bills and buy grocery. Also he has alot of credit cards and loans which i never agreed upon. do i have to take responsibility for that as well?

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Our expert says:
Expert ImageFamily law expert

You may request that he forfeits his 1/2 share in the property. The underlying principal in respect of the forfeiture of patrimonial benefits is that no one should benefit financially from a marriage which he or she has caused to fail.

The court therefore has the discretion to order that one spouse loses the claim which he or she has to the assets for the other spouse or any other benefits the spouse would have ordinarily been entitled to.

Bertus Preller
Family Law Attorney
www.divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

3
Our users say:
Posted by: Dee | 2010/08/25

No Anon Don t move out-

Reply to Dee
Posted by: anon | 2010/08/16

Hi

Is it good advice to move out before going to the courts for a divorce (married in cop) most of the accounts (bonds ) are paid out of her bank account and i just transfer all my money into her account every month.She is a high earner now but was not always that way i was the one that paid for the rent and all the other goods while she was studying.What is the best advice

Reply to anon
Posted by: family law expert | 2010/08/13

You may request that he forfeits his 1/2 share in the property. The underlying principal in respect of the forfeiture of patrimonial benefits is that no one should benefit financially from a marriage which he or she has caused to fail.

The court therefore has the discretion to order that one spouse loses the claim which he or she has to the assets for the other spouse or any other benefits the spouse would have ordinarily been entitled to.

Bertus Preller
Family Law Attorney
www.divorceattorney.co.za

Reply to family law expert

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