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Question
Posted by: anon | 2011/03/16

what should i do?

My sister and I bought a house before I got married. So the Title Deed is our names.

We married COP. My husband and I have been paying for everything since the day of the registration and all of that. We are busy renovating out of our pockets and she doesn’ t contribute anything.

Basically, I asked her to be a co-signer so that I can qualify for the bond, but we didn’ t state it in the contract. I just want to know, if anything should happen to me what will happen to my kids’  inheritance. To safeguard my family, should I just take off her name from the Deed while we are all alive to spare us unpleasantries, if I die one day? Will my husband have to buy her out in order for him to leave the WHOLE property to our kids?

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Our expert says:
Expert ImageFamily law expert

At this moment each of you have an undivided share in the house 50/50. Your 50% will form part of the assets of your estate, so in case of divorce or death 1/2 of your share will flow to your husband. I suggest that you take steps to transfer her share to your name.

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

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.

1
Our users say:
Posted by: family law expert | 2011/03/23

At this moment each of you have an undivided share in the house 50/50. Your 50% will form part of the assets of your estate, so in case of divorce or death 1/2 of your share will flow to your husband. I suggest that you take steps to transfer her share to your name.

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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