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Anonymous asks:
wife rights in husband and brothers in law c.c

I would like to know if I sign for loans ect but im not on as a partner what are my rights? I was the one who started the business with my husband then he gave shares to his brother. We are married in community of property. Do I have a share altomatically?

Bertus Preller says:
Bertus Preller

In a marriage in community of property both spouses separate estates become a communal (joint) estate.  All debts and liabilities must be paid from the communal (joint) estate.  Both spouses become co-owners of all assets they had before entering into the marriage as well as all the assets they acquire during the course of the marriage. Debts before the marriage also become debts of both spouses. In your instance you will have a right to 50% of your husbands share in the business at the dissolution of the marriage. In the interim his share will form part of the community of your estate. If you signed for a loan, for the business, both you and your husband will be liable jointly and severably for repayment of the loan.

Bertus Preller

Family Law Attorney

KWJ Inc.

bertus@divorceattorney.co.za



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jayson said:

...
Hi there, I want to know where I stand in this issue.↲ My suster and I went into an aggreement and she purchased a vehicle on hp and I paid the deposit and the monthly payment including insurance. We have a contract between us. She is now gettin a divorce and married in community and when she went to the bank she was the only one who signed for the vehicle. The husband did give permission. Does he the husband the right to claim the vehicle in the divorce ? And what rights do I have concerning this ?
 
May 27, 2010
Votes: +0

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