I want to get divorced but I won't get b...

Asked by Rehana on 20-03-2023 11:32:31
Question posted in the Divorce Law category relating to Western Cape

I want to get divorced but I won't get by with only half of the money from the property. I'm a female, 50 years old, been married 9 years, husband is 64, 1 child aged 7 who I homeschool. I've been the sole breadwinner, either working full time or freelancing for 9 years. I didn't always have work but I brought in good money.  He brought in about R50k in total with piece jobs in all our years of marriage.  Married COP. House has 2 granny flats and is our income. I am currently employed but there's been retrenchment and the company is considering closing down for good. I'm currently building on to the house after he promised to keep the peace but it's not working out so now I've put even more money into the house which I would not have done has he not promised to keep the peace. I've requested in the past, about a year ago,  that we continue to co-own the property and that he move into one of the granny flats since I'm the breadwinner and would continue paying for everything but he refuses as this house was his until we got married. 5 years ago, I added a second granny flat to the property to increase our income. I made a loan of R200k to pay out his kids share of the house so that we don't lose the house, something I was not aware had to be done. Their mother passed away interstate. Living together as it is, is detrimental to my and our son's mental health. I'm on the verge of a mental breakdown and my son is emotional and crying all the time. My husband is not physically abusive but we argue violently because he refuses to work on our marriage or just keeping the peace in general. need advice please. I don't know which way to go and what my rights are if any in a COP marriage. I need my peace but I also don't want my husband to be floating around as no one will be there to care for him (He has arthritis in his spine but still quite able. But it will get worse as he ages). And I also don't want to disrupt our child's live too much. He is an extra sensitive child. Please help. Tell me what my/our options are. I'm at my wits' end. 

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