advertisement
Question
Posted by: anon | 2011/04/12

need help

I need advice i caught my husband cheating several time so i think is time to go separate ways and he doesn''t deny it. the problem is we have a house in my name and two kids .the house is fully paid but we did it jointly we didn''t sign at home affairs but married customory(paid lobola) what must i do or where to go in this case that will benefit both of us cause the house is for both of us.

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

I suggest that you consult with an attorney to draft a proper settlement agreement.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

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.

4
Our users say:
Posted by: family law expert | 2011/04/17

I suggest that you consult with an attorney to draft a proper settlement agreement.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: FIO | 2011/04/13

You both do have full rights to your kids, but the problem comes in when decisions have to be made regarding the children. WHo makes the decisions, who has the final say, etc.

Having full rights is one thing, but how to exercise those rigths becomes a problem when you disagree on something.

If he has violent tendencies, then you can get social welfare or child welfare to look into the matter, and make recommednations. At the end of the day it would seem best that the 2 of you draft a prenting plan to determine exactly how you are going to rais eyour children. This parenting plan will detail matters such as schooling, residency, holidays, medical decisions, etc, and may include maintenance.

Once you have the plan, you can make it an order of the court to ensure each parent complies.

Reply to FIO
Posted by: anon | 2011/04/13

I would love to have full rights to my kids but he also love them very much the problem is when he is angry he become violet and bit me infront of them.

Reply to anon
Posted by: FIO | 2011/04/12

CUstomary marriages are generally regarded as marriages in community of property, so all assets get shared eually. It should not matter whose name the house i sin, your marriage says the estate is equaly shred.

The children become a different story, far more complicatewd that fixing money issues. What ideas do you have regarding the children? Once I know this I''ll be able to help point you in the rigth direction, for the best interests of the child as required by law.

Reply to FIO

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement