A party were married subject to an anten...

Asked by summers on 28-01-2021 16:30:48
Question posted in the Divorce Law category relating to KwaZulu-Natal

A party were married subject to an antenuptial contract with the inclusion of the accrual system and they divorced in 2012.  The parties reached agreement with regard to property and other proprietary and ancillary consequences of the divorce.  The interest in the matrimonial home was transferred to one party and the contents were split between the two parties.  Specific assets were stipulated and assigned to one party (A) and it stated that the other party (B) was entitled to retain every other investment whether moveable or in cash or specie in their own name as their own property.  Party B has now passed away and it has been noticed that an asset (a garage) still has the title deeds in both parties names (this was never amended after the decree was issued).  His family are in the process of winding up the estate - does this asset fall under the stipulation that every other investment whether moveable or in cash or specie in their own name as their own property thereby meaning that party B has no claim to half of the asset?  During the time since the divorce decree, party B was solely responsible for the payment of levies / rates and upkeep costs associated with this asset.  The decree also states that the agreement is in full and final settlement of either party's claims against the other arising from the marriage.  The No variation clause also stipulates that neither party shall have any further claims against the other and hereby waives and abandons all and any such claims.   If party A is able to claim half of the profit from the sale of the asset, is PArty A also then liable for back payments on their share of the levies / rates andn upkeep costs?  Thank you!

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