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Question
Posted by: I. Viljoen | 2010-06-30

Rights in a devorce

Good day. I am a 58 year old woman and considering divorce. Me and my husband owns the estate where we live, other than that we have nothing significant, my husband is self employed and has no fixed income. What is my rights. Do I get anything? I am a receptionist earning minimum wages.

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Our expert says:
Expert ImageFamily law expert

It all depends how you are married. If you are married in community of property you are entitled to 1/2 of the total estate, but this also means that you are liable for 1/2 of the liabilities. If you do own a property you have an undivided 1/2 share as a consequence of the marriage in community of property. If you were married out of community of property prior to the commencement of the Matrimonial properties act 88 of 1984 (1 November 1984) your claim will be for a redistribution of the assets based on contributions made by you to your husband's estate during the marriage. If your were married after 1 November 1984 out of community of property with the accrual, your claim will be for 1/2 of the differance in the respective accruals.

Bertus Preller
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

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.

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Our users say:
Posted by: G-Dad | 2010-07-01

58 is not an easy age for a disputed divorce or a divorce, life do get quite lonely at that age.

The information you provided is limited, like how long you were married, are you married ICOP or not ect, I guess no minor children still living with you thus no custody battle.

If there were no contract prior to getting married then you will most probably be married ICOP meaning that you will be entitled to 50% of the estate value, assets like cars ect will also be part of the estate.

We need a lot more detail before you can be advised properly.

Reply to G-Dad

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