Legal Question in Family Law in South Africa

I am married out community of prop.with the accrual system, my wife of 7 years is having an affair and has moved in by her mother to be near him, she is she is now sueing me for a divorce.The house belonged to me before we got married, i bought the house for R420000 and took out a second bond of R400000 while we are married and i pay the bond the valuation of the property is R900000 now, can she claim anything from my property, she and the man that she is having an affair with does not work, she resigned from her work this year and her pension was payed out, could i have claimed anything from her and could i sue the man she is seing for breaking up my marriage. Her 2 children from a previous marriage aged 22 and 24 stays by me I live in Brackenfell Cape town and she moved to Touws River to be near her new boyfriend. Please Help


Asked on 4/19/12, 6:16 am

1 Answer from Attorneys
Sam Jackson

When you are married out of community of property, but with the accrual, you and your spouse will share only in the increase in value of each of your respective estates. In simple terms, you take the value of your respective estates at the termination of the marriage and deduct the value at the commencement of the marriage (adjusted for inflation).

Whoever has the highest increase in value will have to pay to the other half of the difference in order to equal out the increase.

If the boyfriend contributed to the circumstances of the break-up of the marriage, you may have a case for damages against him. Bear in mind, however, that your wife also has some involvement.

Best of luck,

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Answered on 4/20/12, 10:17 pm


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