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Question

01 Dec 2005

Crunch Time
So, last night i went home and was ready to leave. He came home and i wanted to chat to him about finances and my daughter. He drew up a letter stating that he has full custody of my daughter and i can see her whenever i want to and i can have her whenever i want to. His parents agreed that they would look after her financially and somehow i thought that was best for her. He also said that i should leave his car with him, because the car is in his name and i have no right. About two months ago he sold the car that was in my name and bought himslef a bakkie.

Even though i received a bonus this month, he said to me that all i have is R300 and that is all i am leaving with. He said that his parents own half of the stuff in our house so i get nothing. I am not worried about the material things in life because i know one can always get those things back.

Like a silly fool i signed the letter giving his custody of my daughter because, i had to leave with absolutely nothing not even a car so there is no way i can drive her to school etc.

When i think about signing that letter i want to throw up. My daughter is the most important person in my life and i want to do what is best for her.

Does anyone have any idea what my rights are in an community of property marriage?
Answer 461 views
Expert
CyberShrink
cybershrink

01 Jan 0001

Dont sign anything without the advice of a lawyer on your side --- they are still manipulating you and trying to get you to give up your rights. You MUST see a good local lawyer before signing anything at all.He is talking sly nonsense about you getting nothing because his parents own half of what's in the house, for instance --- if they gave it as gifts to the pair of you, NONE of it belongs to them and half of it is yours. Even the car must be considered by your lawuer --- he must recompense you for your car which was sold to his benefit. And check w8ith the lawyer about how to recover from signing that letter under duress.
SEE A LAWYER AS SOON AS POSSIBLE ! Jakes comment about a cooling off period may be vital. Waste no more time. And if the impression you were given was that you had no choice and that your child would be cut of without support if you didn't sign, that was improper duress. Don't leave your child with them, keep her with you until a court orders you to do otherwise.
Hey's comment is almost frighteningly ignorant and unhelpful !

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