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Question

12 Aug 2010

Joint Bond
We have a joint bond and is married in community of property. however i have been the only one paying the bond for all these years. i want a divorce because my husband is a serial cheater and want to know if there is any way i can ask of the courts to keep the house and custody of my children, as we have 3 children (whom i and taking care of finacially as well, school fees, medical, dressing them. etc..) all he does is pay for the utility bills and buy grocery. Also he has alot of credit cards and loans which i never agreed upon. do i have to take responsibility for that as well?
Answer 909 views
Expert
Family law expert
family law expert

01 Jan 0001

You may request that he forfeits his 1/2 share in the property. The underlying principal in respect of the forfeiture of patrimonial benefits is that no one should benefit financially from a marriage which he or she has caused to fail.

The court therefore has the discretion to order that one spouse loses the claim which he or she has to the assets for the other spouse or any other benefits the spouse would have ordinarily been entitled to.

Bertus Preller
Family Law Attorney
www.divorceattorney.co.za
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