Good day, I urgently need legal advise. ...

Asked by MarikaE on 19-03-2022 21:55:42
Question posted in the Divorce Law category relating to Gauteng

Good day, I urgently need legal advise. I am currently still married in community of property. How ever my wife and I are curently living apart and agreed on a divorce. We have been together for 17 years but married for +/- 2 years.  We have 3 living children of which I recently found out from her that only 2 of them is biologicly mine. I have handed in the application for a divorce and now need to wait 2 weeks before I can get a court date. My consern is that I now have been made aware by a trusted source that she has received a payout from her trust, 1.1 million rand but it is paid into her 17 year old ( underaged) lovers bank account. And that she has signed away half of our property away to a loan shark that she owes money too, from debt that she made without my knolage. I've also been informed that she is currently selling the property without my concent. I have also been made aware that she has removed most of our furniture from our home. The paid out money and the property  is from her trust awarded to her becouse of an accident she encountered before we got married. For injuries she sustained. These injuries also had a negative impact on me and the children. As she could no longer work and MAke a contribution towards the family. The properties papers was transfered to her name and remaining funds from the trust  was paid out to her after we got married in community of property. Please can you urgently advise what I am entitled to and how I need to proceed? 

Message from the Lawyer

Posted by Att. Patrick on 20-03-2022 09:10:54

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, even if it is R150 or R200.

Regarding the trust money which was put into trust as a result of her injuries, that, unfortunately, is her own money. 100%. Even though you are married in community of property. That money goes into her estate in order to compensate her for her bodily injuries. It is her money and you are, unfortunately, not entitled to share in it. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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