I was married in 1998. Divorced in 2002....

Asked by DaleEvans on 18-09-2020 14:36:24
Question posted in the General Law category relating to Gauteng

I was married in 1998. Divorced in 2002. My ex-wife and I bought a property together in 2005. Bond and Deed in BOTH names. Our relationship was very rocky, and we often lived apart. She left with the children at least 5 times. In early 2012 we parted finally. We put property on the market which sold end of 2013. Division of house sale profits in dispute. It was a 'business' adventure not a DIVORCE. We acknowledged each other’s 50% of profits but she wanted her and my 50% of profits. I said that I had paid the bond for 8 years and she needs to have paid for half of the service of bond fees. She says she bought groceries and kids’ clothes.

We have been fighting about division of funds since 2013.I have handled my own representation in this case from the beginning. She hired many lawyers apparently with the intention of paying for her lawyers from our JOINT sale proceeds. I will never agree. Her lawyers keep on sending us to DIVORCE court in the Magistrate District of Roodepoort. The last was a postponement of Pre-Trial Conference (I live in Europe now).

As we bought the property together in 2005 as two UNMARRIED people - lived there until 2007 (I moved overseas in 2006) - I feel that my case is being prejudiced because opposing counsel keeps on taking the case to DIVORCE court. Can I point out to opposing counsel (and Judge) and anyone else who is important that this is NOT a DIVORCE matter, it is merely a CIVIL matter and should not be held in DIVORCE court. Is my side of the matter in this case being prejudiced by being referred to and heard in Divorce court? If so, how can I get opposing counsel not to keep on going to DIVORCE court but only a normal Civil case?

Answer to the Question

Posted by Att. Patrick on 19-09-2020 19:02:21

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.

It's kind of hard to give you advice because I'm not 100% sure what the legal proceedings are at present? Is there a summons? What's claimed in the summons? Have you defended the case?

I think that you're 100% correct in saying that you shouldn't be in divorce court. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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