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Question
Posted by: Hopeless | 2010/05/16

What to do

I have been seperated from my husband for 2 yrs. We have tried to reconcile over this period but to no avail. I have always said that if we ever decide to divorce i want nothing. However we have decided to divorce and i have changed my mind due to having a teenager in high school and thinking about the future.

My husband has offered me R100 000 as a settlement and I refused. Was i stupid? Our assets consist of 2 houses. One paid of completely and the other with a bond of R350 000.

I have not received any maintenance, money or anything from him in the 2 years although we are renting out the one house for R2 500pm. I however have the suspicion that he has made a considerable amount of debt even borrowing against our houses so that when we divorce there is nothing left to be divided.

He earns + - R30 000 a month and im earning R15 5500. I moved out of the house because i couldnt take it anymore and now he says i cannot claim against the house because i left. Is this true.

He is trying by all means to get me to walk away with nothing. He is even entertaining his girlfriends in our house although we not divorced yet. I have met with a lawyer and he was served on 10th of May. What do i do.

I have always been under the impression that we would be fair when it came to divorce as it is not my intention to destroy what we have built but to be able to be fair towards each other. i dont know what to do - help me !

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Our expert says:
Expert ImageFamily law expert

It depends how you are married, whether in community of property or out of community. If married in community of property you will be entitled at worst to 1/2 of the assests as at the date of divorce. You don't mention what the value of the properties are so it is difficult to advise whether the non-acceptance of the offer was a mistake. The fact that you moved out of the house has got nothing to do with the fact whether you can claim or not.

Best is to furnish me with more details at the email below, to be able to advise properly.

Bertus Preller
bertus@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.

2
Our users say:
Posted by: G-Dad | 2010/05/17

I agree with Bertus, the information is very limited, factors like how long you have been married, did he own assets before getting married, does you son live with you or with the father and obviously if you are married ICOP or OCOP, why did you move out, was there another man in your life ect, all these factors could have an influence.

Reply to G-Dad
Posted by: family law expert | 2010/05/17

It depends how you are married, whether in community of property or out of community. If married in community of property you will be entitled at worst to 1/2 of the assests as at the date of divorce. You don't mention what the value of the properties are so it is difficult to advise whether the non-acceptance of the offer was a mistake. The fact that you moved out of the house has got nothing to do with the fact whether you can claim or not.

Best is to furnish me with more details at the email below, to be able to advise properly.

Bertus Preller
bertus@divorceattorney.co.za

Reply to family law expert

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