Buying a house where i am still married but seperated

kronoSX

Honorary Master
Joined
Feb 28, 2005
Messages
14,917
The question i would like to pose to the lawyers and attorneys on this forum
Is there a way or law or something that the ex can sign to say that while we still married but separated for 3 years i can buy a house and she cant get half of it.the divorce is pending and we are still married on paper.

I have moved on and the divorce will take 3 months and i will be buying a house in this time.
 

Paul Hjul

Honorary Master
Joined
Aug 31, 2006
Messages
14,902
IANAL :

Firstly you need to look at what matrimonial property regieme applies - if you in community of property (the default position) then the starting point is an equal division of assets.
Secondly if you are getting divorced you have settlement negotiations in any event the deed of settlement will override an automatic division.

You should already have legal representation on record if the divorce is "pending" they shouldn't have difficulty recording that the to be purchased house is to be excised from other property for the divorce.
 

kronoSX

Honorary Master
Joined
Feb 28, 2005
Messages
14,917
ok i am finding it hard to get the anti nuptial agreement from home affairs pretoria.This is hindering the process.I need to buy this house
 

intel8080

Banned
Joined
May 24, 2011
Messages
2,004
Go speak to your attorney and not to some unknown person on a tech forum! WTF this is a important decision. We can help you if you want to know which Mc'Donalds burger special you should buy tonight but with really important issues is another story. I hope this helps.
 

Fuma

Executive Member
Joined
Jul 9, 2007
Messages
5,111
The question i would like to pose to the lawyers and attorneys on this forum
Is there a way or law or something that the ex can sign to say that while we still married but separated for 3 years i can buy a house and she cant get half of it.the divorce is pending and we are still married on paper.

I have moved on and the divorce will take 3 months and i will be buying a house in this time.
A little off topic: Have any kids and how old are they?
 

blunomore

Honorary Master
Joined
Jul 8, 2007
Messages
26,789
The question i would like to pose to the lawyers and attorneys on this forum
Is there a way or law or something that the ex can sign to say that while we still married but separated for 3 years i can buy a house and she cant get half of it.the divorce is pending and we are still married on paper.

I have moved on and the divorce will take 3 months and i will be buying a house in this time.

Married in or out of COP?
 

Other Pineapple Smurf

Honorary Master
Joined
Jun 21, 2008
Messages
14,593
Whats new, they always like to control the children if they can't control you anymore :(.

True. I've had the first fallout about our daughter with my ex since our divorce 12 yrs ago about our daughter. Had to remind her we are no longer married.

I'm personally not afraid to stand my ground as a good mate of mine is a family court magistrate and he put me at ease about possible future maintenance claims (always paid maintenance since we separated but I was afraid she would want to squeeze me for more)
 

Other Pineapple Smurf

Honorary Master
Joined
Jun 21, 2008
Messages
14,593
The question i would like to pose to the lawyers and attorneys on this forum
Is there a way or law or something that the ex can sign to say that while we still married but separated for 3 years i can buy a house and she cant get half of it.the divorce is pending and we are still married on paper.

I have moved on and the divorce will take 3 months and i will be buying a house in this time.

This is dangerous waters.
 

Fuma

Executive Member
Joined
Jul 9, 2007
Messages
5,111
Have you considered buying the house using a Trust?
True. I've had the first fallout about our daughter with my ex since our divorce 12 yrs ago about our daughter. Had to remind her we are no longer married.

I'm personally not afraid to stand my ground as a good mate of mine is a family court magistrate and he put me at ease about possible future maintenance claims (always paid maintenance since we separated but I was afraid she would want to squeeze me for more)
I used to wonder how it feels to be in that situation. Emotionally draining I tell you.
 

kronoSX

Honorary Master
Joined
Feb 28, 2005
Messages
14,917
buying a house using a trust,explain to me a little more about this work a round :D
 

kronoSX

Honorary Master
Joined
Feb 28, 2005
Messages
14,917
Here is an example, say i have shares in a company and my shares pay out September,my soon to be ex wife cant touch this RIGHT.
 

boxerulez

Expert Member
Joined
Oct 8, 2012
Messages
2,862
Depends when you aquired the shares...and what agreement was in place at the time. Some of these guys are spot on. Find a real lawyer.
 
Top