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Question
Posted by: Anon | 2011/03/15

Types of mariage

I have been together with my partner for 5yrs and we have a two yr old . I have been the hard worker as a result i already have more assest then him. In the meantime he has accumulated alot of debt .
He refuses to marry ANC are there any other options that i have. He is very loving and okay but he has no financial disipline at all.

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Our expert says:
Expert ImageFamily law expert

In cohabitation there will be no such thing as a common law marriage or a communal estate. As such what you bring into the relationship will be yours and your partner will not be able to claim those assets unless if there is a cohabitation agreement in place.


Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Twitter: www.twitter.com/edivorce; Facebook: www.facebook.com/divorceattorneys

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Our users say:
Posted by: family law expert | 2011/03/23

In cohabitation there will be no such thing as a common law marriage or a communal estate. As such what you bring into the relationship will be yours and your partner will not be able to claim those assets unless if there is a cohabitation agreement in place.


Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
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 | 2011/03/22

In Community of Property, where all assets are pooled, as well as debts, and you are both equally liable for 50% of debts, and entitled to 50% share of assets.

Then Out of Community, with accrual, which means that anythign you bring into the marriage is yours, and anything accrued form the time of marriageis shared, be it assets or debt.

Then of course the way where what is yours is yours, and what is his is his, and nothing is shared. You can jointly buy things, likea home and put it in both names, and enter into agreements, but then put it in writing so should a divorce ever happen, you guys know which things are shared and which are not.

If he''s not prepared to accept this, then what does he really want - your hard earned assets, money, wealth etc, in exchange for any debt he may incur at your expense? I sure as hell would not agree to that deal, but thats just my personal opinion.

Reply to FIO

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