Posted by: Anonymous | 2009-06-17

Please advice, property

I have been married for 3 yrs and i am fed up.if it was possible i would have left the house.

but thats not what i am prepared to do. i think i need space more than divorce and i will see later if i really needed it.

the problem is i cannot leave my husband in our house. we bought it before we got married and its a joint venture. i want to sell it now before i go, can i go to court just to sell the house or they would want us to divorce?

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Our expert says:
Expert ImageDivorce support expert

Hi Ananymous,

pls contact me personally for a legal referral.

Warmest regards

Nadia | The South African Divorce Support Association

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.

Our users say:
Posted by: G-Dad | 2009-07-02

If you are in the process if a divorce depending how you are married ICOP ect, if you are married in ICOP then both spouses has a claim to the property depending on proof of payments ect, in such a case I doubt that the courts will grant any order until the divorce is granted, unless one party can proof that the house will be reprocessed if the house is not sold, it all depends on the merit of the case.

On the marriage for 15 years, it all depends on the divorce settlement/order, if the house was fully paid and you let her stay on and the agreement was that if she remarry then the house has to sold and divided, if there was no such clause then I doubt that you will be able to kick her out because she is getting married again, if she continued with the bond payments ect, it all the depends on the merit of the case, there is a lot more detail required to be able to give you a good answer.

Reply to G-Dad
Posted by: Anonymous | 2009-06-17

We have been married for 15 years. We got divorced recently. Property registered in both our names. She is still staying on, ' cause of the kids. She has met someone new and would like to get married. Do I have any say towards the house. Should we sell and she pay my share out? We came to agreement that she can stay on in house, but if she decides to get married again, the property must be sold and money divided.
What is the best thing to do? so both benefit? do the ex man have any say towards the house if she got married again? please help!

Reply to Anonymous

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