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Question
Posted by: Marilyn | 2010/06/14

property in my name

Dear Bertus,
I own a property, registered in my name and i pay all the bond installments. My husband put money into the house when we renovated and so it is stated in our ANC contract (he put money into the property before we were married). The contract does state that this is an " immovable"  property but should we divorce he has sue me or has a claim agains the funds he put in. Can the courts force me to sell my property in order to pay him out his share of what he put it. or can i just pay him back whenever??

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Our expert says:
Expert ImageFamily law expert

I presume that you are married with the accrual. Can you be more precise on the wording in the ANC regarding the property? I am unable to advise you properly without enough facts to my disposal. You can email me to info@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/06/16

I presume that you are married with the accrual. Can you be more precise on the wording in the ANC regarding the property? I am unable to advise you properly without enough facts to my disposal. You can email me to info@divorceattorney.co.za

Reply to family law expert
Posted by: G-Dad | 2010/06/14

In most cases you can get a loan to pay his share or pay of his share, only as a last resort will the courts force you to sell the property, I doubt that the courts will force you to sell, I mean it really had to be a load of money you owe hubby.

No you can not pay him back whenever, there will have to be some contract which will become an order detailing the payment plans, normally you have to pay him a monthly amount until the amount had been paid off, in some cases interest could be charged meaning that it will be cheaper to get money back from the bond to pay his share.

Reply to G-Dad

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