Question posted in the Property Law category relating to Gauteng
Subject: Legal Assistance Needed Regarding Home Loan Contract and Divorce Decree
I hope this message finds you well. I am in need of legal assistance regarding a complex issue related to a home loan contract and a divorce decree. I would appreciate your expertise in helping me navigate this situation.
Here's a brief overview of the matter:
Home Loan Contract: I signed a home loan contract with my ex-husband, where the original application stated that I had no income, and my ex-husband was the sole income earner and the one liable for the bond amount.
Divorce: We went through a divorce, during which the property with the bond was awarded to my ex-husband. However, he has since refused to pay the outstanding bond amount.
Current Situation: SA Homeloans is now claiming the outstanding bond amount from both me and my ex-husband, despite the original contract and the divorce decree.
I am seeking your assistance in understanding my legal rights and options in this situation. Specifically, I would like to explore whether there is a way to prove that I have no legal obligation to repay the loan amount, given the circumstances outlined above.
I believe that your guidance and expertise will be invaluable in resolving this matter. Please let me know how we can proceed and if you require any additional documentation or information.
Thank you for your attention to this matter, and I look forward to discussing it with you further.
I have the original Signed bond Contract and the Divorce decree
Message from the Lawyer
When you guys got divorced, was there not a section in the divorce order (or settlement agreement) which removed your name from the home loan as a result of the house being awarded to your ex-husband? If not, why not?
Normally, when people get divorced, they are removed as co-applicants from things like home loans especially in instances where that party gives up any right to the underlying asset.
Can you maybe send me a copy of the divorce decree to look at quickly?
PatrickLegalQuestions <at> outlook.com