Divorced 3 years, now selling house - legal advice needed!

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2old4this

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Any legal Boffs out there? This is my situation; been divorced 3 years, I didn't contest it, no asset seperation papers were presented by Ex's attorney. We had a house & 3 vehicles - they (wife + kids) took the best 2, a Condor (brand new + 1400 Golf) & moved into a townhouse & I remained at home.
3 years down the line, I have renovated & put house on the market & its due to be sold!
Question: are they legally entitled to half of sales proceeds? While together all expenses on house, bond, lights, water, rates etc were debited ordered off my account. Ex + kids never contributed a cent. Have the paper work as proof!
 
Depends on what you were married in, if you were married in community of property yes, if not depends on if you went with an ANC or not and when the house was bought. You'd better chat to your lawyer.
 
The divorce is settled so what ever you own you can sell.

Is the house in your name, hers or both ?

If its just in your name then you can do as you want.
If its in her name then you can't do anything with it.
If its in both your names then you must give her half.
 
Best bet is to double check with your lawyer, as community of property means that everything is split down the middle, though as nerfherder said the divorce is settled, but it is better to be safe then sorry.
 
If I may also add:I paid for 3 kids schooling through entire career - 2 boys, up to matric & post matric & beyond (one 3 year technical college & other Unisa). 3rd kid, am currently paying schooling for!
They're my kids, its not that I don't want to give them a hand out - but money doesn't last in my ex's hands!
 
I can't afford a lawyer at the moment, my business crashed soon after divorce! Have got a very limited income with part time piece jobs, R2k - R3k per mth, living hand to mouth at moment.
Since 89n just cancelled my dstv from july!
 
If it is in your name, and the divorce has been settled and she didn't claim the 50% of the houses value then, perhaps she will just leave it. Good luck man.
 
My ex and I originally just wanted a mutual agreement but where convinced to get it all on paper, if you did not do this then you will need to consult your lawyer that handled the divorce. Oh and this applies for COP & ANC.
 
Lupus said:
If it is in your name, and the divorce has been settled and she didn't claim the 50% of the houses value then, perhaps she will just leave it. Good luck man.
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If it was purchased before the divorce went through or purchased with in full or partially with any assets from the marriage that was not declared during the divorce then its not 100% his.
 
OK! Tks guys for input! Sigh! Looks like it is unavoidable - have to see lawyer! Don't suppose anyone knows a good, cheap (HONEST) divorce lawyer? Am in Midrand.
 
If there's nothing specified in the final decree then why would she be entitled to anything?
 
Contact the law department of Uni of joburg.

a friend of mine had her whole divorce done for a few hundred rand. perhaps they can advise you
 
bwana said:
If there's nothing specified in the final decree then why would she be entitled to anything?
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Law is very tricky...rather have everything checked & save a few hundred grand in the long run
 
Chief Whip said:
Law is very tricky...rather have everything checked & save a few hundred grand in the long run
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The division of the joint estate had to have been covered in the decree.

BTW - I'm not saying don't consult an attorney. By all means if it puts the OP's mind to rest then it's money well spent. :)
 
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Venomous said:
Contact the law department of Uni of joburg.

a friend of mine had her whole divorce done for a few hundred rand. perhaps they can advise you
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Sorry is that Wits? I only know of 2 Universities in JHB, Wits & RAU? Is it possible to get a tel nop from your friend; I don't have a land line nor adsl - am comms via mobile at moment. Tks
 
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