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SCORPION ADVISES CYRIL ON HIS COMMUNITY OF PROPERTY MARRIAGE

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Scorpion Legal Protection
Scorpion Legal Protection

THE FACTS

Cyril Oerson from Marble Park, Emalahleni, Mpumalanga said he was married in community of property when he and his wife divorced in 2014. He said his wife claimed half of his pension money but he never claimed from hers.

During their marriage, his wife needed a car but did not qualify to buy one because of her credit record. They made an arrangement that he will buy it for her on his name and she will pay the instalment.

The divorce took place before she paid off the car and she left him with the car and other debts they had accumulated together.

He had to go under debt review to be able to pay off the debts.

He wants to know if he can still claim the pension money and the money he spend to pay off the debts they both had even after the divorce?

WHAT I DID 

I discussed the matter with a Legal Advisor at Scorpion Legal Protection. 

SOLUTION 

Scorpion’s advise our reader that he should go back to the court where the divorce was granted and speak to the Registrar regarding the process for an Amendment of Divorce Decree.

The Advisor said the reason the Divorce Decree has to be amended is because the wife’s pension fund will not look at a claim for pension without this being specifically mentioned on the decree.

The administrators of the fund will not automatically grant him half of the wife’s pension fund simply because they were married in community of property.

The matter will have to return to court for the amendment to be heard by the judge and his ex-wife must also be informed of this. Regarding the car and the other debts, debts that are incurred by a couple while married in community of property can be recovered from either spouse.

Scorpion’s legal advisor pointed out that is why credit agreements specifically ask if one is married and if consent has been obtained from their spouse to sign the credit agreement. Our reader can however, due to the agreement that they entered into regarding the car, claim back the money the that he paid for it, by way of a civil claim for damages. 

You can strike back legally too!


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