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30 Jun 2010

Rights in a devorce
Good day. I am a 58 year old woman and considering divorce. Me and my husband owns the estate where we live, other than that we have nothing significant, my husband is self employed and has no fixed income. What is my rights. Do I get anything? I am a receptionist earning minimum wages.
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Family law expert
family law expert

01 Jan 0001

It all depends how you are married. If you are married in community of property you are entitled to 1/2 of the total estate, but this also means that you are liable for 1/2 of the liabilities. If you do own a property you have an undivided 1/2 share as a consequence of the marriage in community of property. If you were married out of community of property prior to the commencement of the Matrimonial properties act 88 of 1984 (1 November 1984) your claim will be for a redistribution of the assets based on contributions made by you to your husband's estate during the marriage. If your were married after 1 November 1984 out of community of property with the accrual, your claim will be for 1/2 of the differance in the respective accruals.

Bertus Preller
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za
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