Dear Laywer  I ask this question in beahlf of somebody else.  This person has been summons with 400 000 to be paid to the ex wife because of some transaction he did that the ex wife claim he was not suppose to do.  If he cant pay the 400 000 in cash know to pay, because he do not have stable job, can he for instance present to her pieces of land he got instead?  Or alternative the dad is busy selling his house and is willing to give the 400 000 with interest to the ex wife when house is sold.  Can it be done?  If it can be done can the ex wife refuse to take this offers?  The ex husband got no stable job and he also got no money to pay her.  He got his own property house and he got pieces of land.  Obvious he want to offer the pieces of land instead of the house he got.  

Hi there and thank you for your question,

If the summons is claiming an amount of R400 000 from him, and he doesn't have the money but has pieces of land worth R400 000, and he knows that he owes the money, then he can settle the claim with the ex wife (by agreement) and do one of the following:

1) Give her the land worth R400 000 in settlement of her claim. A settlement agreement must be drawn up where she signs in agreement that she will take the land and then have no money claim against him; or

2) Settle her claim by saying that he will sell the land and then give her the proceeds from the sale. In other words, she must agree to wait with the summons until he can sell the land and pay her.

It is important to note that he can't FORCE her to take the land instead of money. This must be negotiated.

If the dad is selling the house and will give him R400 000 to give her, plus interest, that is also a settlement and must be done with her agreement, and you should sign a written settlement agreement.

If the ex wife refuses, then she must go to court (and spend money on attorneys) and waste time and get a judgment, and then wait for the sheriff to attach the land, and then wait for the sheriff to sell the land on auction, and then wait for the sheriff to pay her. It is easier and quicker if she agrees to settle the claim!

He should get an attorney to make her a proper offer in writing. An offer that she can accept, and then sign the settlement agreement!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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