Asked by the Customer on 14-04-2015 11:50:05
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
Got divorced in 1996, still a property in both our names. He wants to sell. I received a letter from his attorney with the following:
That our client is now desirous to sell the property which property he instructs as at the time of your divorce was worth less that the then outstanding bond;
2. We are instructed that you, and at the time, agreed with our client that he could retain the property as his exclusive property on the condition that he ensured all payments towards the property be paid by him exclusively;
3. This our client indeed did and now wants to sell the property. He will however need you to consent to the sale in writing as the property is technically still registered in both your names;
4. One manner and our client believes to be the correct approach is to determine what the net value of the property was as at date of divorce and to on registration of transfer divide the net proceeds equally. If we recall correctly there was at the time no net proceeds and thus the agreement as recorded in 2 above;
5. An alternative method would be to calculate what our client contributed over the period from date of divorce, deduct that from the net proceeds now and divide the balance between the parties;
The divorce decree does not talk to this property at all and infact talks to a property he was meant to sell and pay me 25% of the proceeds, which never happened.
I would like to be able to respond or consult with someone who could respond on my behalf. I don't think it's complicated - just would like some advice on which would be the best manner or way foward. I think No 5 and I would ask for a set amount, but how do I determine this amount?
6. A further approach would be to through negotiation reach a “without prejudice” settlement figure and to ensure same is paid to you on registration of transfer. Needless to say in all instances your written authorisation will be required;
7. As our client wishes the matter to be resolved as soon as possible we look forward to hearing from you at your very earliest convenience. As you will appreciate an inability to resolve the matter will leave our client with no option but to approach a competent Court to make a declaratory order resolving the matter once and for all;
That our client is now desirous to sell the property which property he instructs as at the time of your divorce was worth less that the then outstanding bond;
2. We are instructed that you, and at the time, agreed with our client that he could retain the property as his exclusive property on the condition that he ensured all payments towards the property be paid by him exclusively;
3. This our client indeed did and now wants to sell the property. He will however need you to consent to the sale in writing as the property is technically still registered in both your names;
4. One manner and our client believes to be the correct approach is to determine what the net value of the property was as at date of divorce and to on registration of transfer divide the net proceeds equally. If we recall correctly there was at the time no net proceeds and thus the agreement as recorded in 2 above;
5. An alternative method would be to calculate what our client contributed over the period from date of divorce, deduct that from the net proceeds now and divide the balance between the parties;
The divorce decree does not talk to this property at all and infact talks to a property he was meant to sell and pay me 25% of the proceeds, which never happened.
I would like to be able to respond or consult with someone who could respond on my behalf. I don't think it's complicated - just would like some advice on which would be the best manner or way foward. I think No 5 and I would ask for a set amount, but how do I determine this amount?
6. A further approach would be to through negotiation reach a “without prejudice” settlement figure and to ensure same is paid to you on registration of transfer. Needless to say in all instances your written authorisation will be required;
7. As our client wishes the matter to be resolved as soon as possible we look forward to hearing from you at your very earliest convenience. As you will appreciate an inability to resolve the matter will leave our client with no option but to approach a competent Court to make a declaratory order resolving the matter once and for all;
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