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Question
Posted by: Judith | 2010/05/23

Married in Community of Property

my husband and i are married in community of property, he was awarded a large sum of money in an accident he had as a result of the negligence of a taxi driver and was paid more than R 5 million, we are now divorcing, will this form part of our estate?

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Our expert says:
Expert ImageFamily law expert

Section 18 of the Matrimonial Property Act 88 of 1984 states that any amount recovered by a spouse by reason of a delict committed against him or her, does not fall into the joint estate but becomes his or her seperate property, the same applies where the one spouse cause the other bodily damages attributed to the fault of the other spouse. So to answer your question, the amount will not fall into the joint estate and will be excluded for purposes of determining the value of the joint estate.

Answered by:

Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

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2
Our users say:
Posted by: TRACY PETERS | 2010/05/28

HUSBAND HAS INCURRED HUGE DEBT, WE MARRIED COP, WHAT ARE THE IMPLICATIONS ON ME

Reply to TRACY PETERS
Posted by: family law expert | 2010/05/23

Section 18 of the Matrimonial Property Act 88 of 1984 states that any amount recovered by a spouse by reason of a delict committed against him or her, does not fall into the joint estate but becomes his or her seperate property, the same applies where the one spouse cause the other bodily damages attributed to the fault of the other spouse. So to answer your question, the amount will not fall into the joint estate and will be excluded for purposes of determining the value of the joint estate.

Answered by:

Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

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