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vanillathunder722

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Hey guys I am posting this on behalf of my gf, bascially her mom has been staying with her bf for over 10 years now. He took everything away from her(car and house that were paid for) because he promised that he was going to invest that money which was a lie. Anyways I'll cut to the chase, he wants to leave her now and if he does, that means she won't have money for rent or food and child support etc. What i want to know is, is there a way to take him to court for this?
 
probably... I think he'd be considered a common law spouse - or some such.
 
How did he take her property? The only way you can take someone's property is if that person sells it to you or transfer it into your name. Did she transfer teh property into his name? Why ???


If he took her car without her consent, she can lay a charge of theft against him.
 
If its hers, ie its in her name then its hers and he cant touch it. If its in his name then its his, it really is that simple. South African courts do not recognize common law marriages in this country. If they did not have a signed co-habitation agreement then what's his is his, whats hers is hers. Its not always fair but its not whats fair, its what you can prove. Iv been down this road before, it can get ugly. Best is to suck it up and move on with your life. Sad but true. I lost my home, furniture, pets. All I could "prove was mine was my clothes and 2 awesome cars hahahaha.
 
If she simply handed it over and allowed him to do with it what he wanted, without there being a written agreement, then I am afraid there is nothing that you can really do. Best bet though is to speak to a lawyer, but I'm afraid you might not have much of a leg to stand on. Wow, that is an insane lesson to learn. Really sorry to hear...
 
Well, he convinced her to sell it, basically he made false promises. He didn't want her to work too.He himself is pretty useless too as far as i know. so there's really nothing they can do? Is there no law that states if you are with your partner for over 10 years then you are considered a couple?
 
vanillathunder722 said:
Well, he convinced her to sell it, basically he made false promises. He didn't want her to work too.He himself is pretty useless too as far as i know. so there's really nothing they can do? Is there no law that states if you are with your partner for over 10 years then you are considered a couple?
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No, there is no common law in South Africa. He might have fraudulently misrepresented himself and his motives but that sort of fraud is incredibly difficult to prove and doesn't result in many convictions. More than just that, does he have a cent to his name or is he also now flat broke? You could take this to the civil courts, but like I said, speak to a lawyer as this is not a clear-cut situation.

My take on this is that there is nothing that you can do...
 
vanillathunder722 said:
Well, he convinced her to sell it, basically he made false promises. He didn't want her to work too.He himself is pretty useless too as far as i know. so there's really nothing they can do? Is there no law that states if you are with your partner for over 10 years then you are considered a couple?
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Not in SA Law. You can live with someone for 309683097803978 years and you are still not legally considered married. There is the issue of the universal partnership as mentioned by another poster.

If he convinced her to sell house and car and she did so voluntarily, she only has herself to blame, cruel as it may sound.
 
Age old story. Have seen it play out more times than I care to remember in our small little town... but sadly people never learn :(
 
xrapidx said:
Really? Discovery put my fiancée as my common law spouse :confused:
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You can specify someone as a spouse on your medical aid without being legally married. This is referred to as a domestic partnership. Not common law marriage.

But google common law marriage in SA. Doesn't exist. Woman who take solace that after 6 months they have a foot to stand on are mistaken - sadly sometimes.
 
Don't even waste another minute thinking there is, cos there is NOT. Could always file for an enrichment claim but that's a whole other kettle of fish.
 
unskinnybob said:
You can specify someone as a spouse on your medical aid without being legally married. This is referred to as a domestic partnership. Not common law marriage.

But google common law marriage in SA. Doesn't exist. Woman who take solace that after 6 months they have a foot to stand on are mistaken - sadly sometimes.
Click to expand...

There is no such a thing as a domestic partnership in SA Law either.
 
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