Hi there,I hope You are so well,My husba...

Asked by Candice on 26-10-2022 12:01:05
Question posted in the Family Law category relating to Gauteng

Hi there,

I hope You are so well,

My husband inherited a house from his parents when they passed away, they stipulated a clause in their will, that now reflects on the title deed for the house, which is registered in my husband's name, that excludes our being married in community of property, which is fine, but it seems to specifically exclude me as an heir as well, which becomes problematic, because we live in this house with our two children, and in the event of him passing away, it would leave us ALL with no place to go, as I have no family left in South Africa.

Could someone have a look at the Title Deed and explain it properly to us, an estate agent advised us to sell, but that would be in their best interests, so would like and independent and legal stand point on this please, we need to get our wills sorted as well, but do not want a legal battle if he passes before me,

Many Thanks,

Kind Regards,

Candice Hamer



Message from the Lawyer

Posted by Att. Patrick on 22-11-2022 22:38:23

Hi there Candice,

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.

Surely if your husband passes, then he would leave a Will leaving the house to your kids, on condition that they allowed you to remain living in the house (it's called a usufruct) until you die?

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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