Our expert says:
Family 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.
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