Our expert says:
Family law expert
You may request in the Summons that the court declare that he forfeits the patrimonial benefit of the house in the divorce action. This mean that the house may not be regarded as part of the communal estate because he will unduly benefit from it. The court take various factors into account to decide whether to make such an order. So it may happen that he forfeits the house you bought prior to the marriage and that you gain 1/2 of the other property.
It is very much a value judgement that you must make as to whether to trade the one house for the other as I do not know what equity lies in each of the properties.
I suggest that you offer him the second house as a settlement, but on condition that he must substitute you at the bank on the joint bond, or sell the second house and let him collect the proceeds. In both scenarios you keep the first house.
Family Law Attorney
Abrahams and Gross
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.