HiMy parents a married in community of p...

Asked by Kabelo on 29-03-2020 13:28:47
Question posted in the Property Law category relating to Gauteng
Question value: R 200.00


My parents a married in community of property, my father does no longer live with us and my sisters and my mother are still staying in the same stand that he bought 20 years ago. I want to build a house for my mother on that stand, what I want to know now is, will my father have a claim over that house if he divorces my mother or if my mother passes away?

Answer to the Question

Posted by Att. Patrick on 30-03-2020 17:52:29

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Yes, unfortunately he will, because he is STILL married to your mother and it is in community of property. So your mom and dad have a joint estate, and if you build a house for the joint estate, you are indirectly increasing the value of his estate. 

So, what you could do is to loan money to your mom so that she can build the house. In that way, the joint estate gains an asset (the house) and a liability (your loan repayment) which means that your dad won't simply benefit in the house. 

It is like getting a bond for the house. The asset and the liability are often the same value. 

Att. Patrick

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