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Question
Posted by: Sinethemba | 2010/09/09

One Property in my name Another one is a joint bond?

We are married In Community of Property and I am currently going through a divorce. I bought a house before getting married and I also pay monthly bond repayments. We have a second property and it is a joint bond. 1. My wish is for him not to benefit on the property which I bought before getting married 2, I wish we could also sell the one which is a joint bond because he doesn''t qualify to get a bond on his own, 3.OR will it be possible for me to get ownership of the property which I bought before getting married and allow him to buy me out on the joint one? Which one will be the best option ?My wish is for him not to benefit on what we both have contributed to, because I see that he was using me all along. Hope I make sense.

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Our expert says:
Expert ImageFamily law expert

You may request in the Summons that the court declare that he forfeits the patrimonial benefit of the house in the divorce action. This mean that the house may not be regarded as part of the communal estate because he will unduly benefit from it. The court take various factors into account to decide whether to make such an order. So it may happen that he forfeits the house you bought prior to the marriage and that you gain 1/2 of the other property.

It is very much a value judgement that you must make as to whether to trade the one house for the other as I do not know what equity lies in each of the properties.

I suggest that you offer him the second house as a settlement, but on condition that he must substitute you at the bank on the joint bond, or sell the second house and let him collect the proceeds. In both scenarios you keep the first house.

Bertus Preller
Family Law Attorney
Abrahams and Gross
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/09/12

You may request in the Summons that the court declare that he forfeits the patrimonial benefit of the house in the divorce action. This mean that the house may not be regarded as part of the communal estate because he will unduly benefit from it. The court take various factors into account to decide whether to make such an order. So it may happen that he forfeits the house you bought prior to the marriage and that you gain 1/2 of the other property.

It is very much a value judgement that you must make as to whether to trade the one house for the other as I do not know what equity lies in each of the properties.

I suggest that you offer him the second house as a settlement, but on condition that he must substitute you at the bank on the joint bond, or sell the second house and let him collect the proceeds. In both scenarios you keep the first house.

Bertus Preller
Family Law Attorney
Abrahams and Gross
bertus@divorceattorney.co.za

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