Asked by fatimae on 27-08-2019 09:55:06
Question posted in the Divorce Law category relating to Gauteng
My spouse and I have been married for 25 years in Community of Property. He has been taking out loans without my consent and has been forging my signature. I want to divorce him. Am I really liable for this debt as well even though I did not consent to it.
Can I apply for forfeiture of marital benefits in this regard and what are my chances of success? He has also been physically and emotionally abusive, has had an affair which I have proof of. I work for a Government Dept and have built up quite a good pension. Can he claim half of my pension or is there some way that I can get to keep it? We also have a home together. Must this be sold and he gets paid out half of the value?
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.