Good day, I am in a middle of a divorce,...

Asked by DesireF on 22-02-2020 14:57:36
Question posted in the Divorce Law category relating to Eastern Cape
Question value: R 0.00

Good day, 

I am in a middle of a divorce, since January 2019.

We are married outside of community of property with accrual. 

My estranged husband took everything from me and my children. We have been married for 9 years before we seperated.

He is now living with another woman and her two kids. My attorneys said that it would be difficult to prove everything he sold during our seperation and that there won't be much left of his estate to divide and I am not sure how much he has sold already, which as I understand I will have to proof.

He sold one of thd vehicles that we had which was almost paid in full so his pay out was about R100 000 that he received. He also sold a truck of which he tppl the money.

He has two more vehicles, one of which was our family car I used 90% of the time to transport our kids and run errands with. He took that.

My attorney told me that I cannot claim a car. Me and my kids are struggling financially and I cannot find a job because I do not have my own transport, which most jobs that is suitable for me, because they require that I have ny own transport. I do however still apply, but never get any replies.

He claims that he cannot afford much child support maybe R1000 per child (their school fees are almlost R5500 per month) then there is living expenses, etc.

The woman he is living with is now driving our family car and he is living like a king while his kids suffer. 

I have statements filed against him for domestic abuse which includes stalking and trying to drown my in the bath. 

He argues that he is not going to make my life easy by giving my some of our furniture and a vehicle to get a job and providing for our children. He loves very far and will only be able to see them on holidays. 

I recently found out that he was arrested and in jail on charges of rape of a minor. And that he had wild drinking parties and fights with on duty police officer and that some of them got suspended. And that he got one of women working there pregnant.   I am still busy trying to find the proof of that. 

We bought a open piece of land cash (money borrowed from his mother) and registered in our eldest son's name (he is 12)which he is now trying to sell. 

My questions are as follow:

1.  Do I as the mother who was married to him for 9 years (we lived together for 12 years) have any rights to claim a vehicle or money to buy a car? 

2. Would he owe me half of the the money he got out of the vehicle and truck he sold?

3. Would he be able to sell property that is on our minor child's name without my concent even if he borrowed the money from his mother? Would he be able to transfer the title from my son to a new owner? 

4. Would I be able to request ths police files on ths incidents that happened to make my case against him and why I left stronger? Because he claims that I left the marital home and that I am entitled to nothing. But he madd my life a living hell and physically and emotionally abused me even in front of our children and employees and in public. Will we be able to subpoena / summons witnesses to help me with my case? 

I am really so depressed with how he left us with nothing and keeps doing all these terrible things and get away with it? 

I don't havr money and we live with my parents. I want to get what I deserve and move on with my life. 

Do I have a case? 

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