Hi its Ms Nyakati i just want to ask few...

Asked by Welekazi on 29-01-2021 19:43:01
Question posted in the Property Law category relating to Gauteng

Hi its Ms Nyakati i just want to ask few questions regarding my flat that's being sold.Am divorced however we married in community of property.Theres a property  in both our names however recently i was served with papers by the sherrif stating it was being sold.

My ex husband couldn't keep up with the paying of levies to a point that the flat is being sold.The court date is on the 9th of March 2021.

My question is do i let the flat go or should I rescue it however If  do pay the outstanding amount i want to buy him out.

What are my odds?we bought it 5 yrs back the value that time was 540 000 now its at about 710 000,the flat is in Pretoria east.

The accumulated debt for levies is about R67 500.

So will it be wise for me to pay the debt or should I let it go as i no longer reside at the address? 

Am at cross roads plz assist

Answer to the Question

Posted by Att. Patrick on 01-02-2021 09:11:08

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.

You say that you are divorced, so who got the flat? Isn't that really the question? If your ex got the flat in the divorce, then let it go because you don't own it. If you shard the flat in the divorce, then it is half yours still, and maybe there is a reason to save it?

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.

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 SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.