Changing your Matrimonial Property Regime: Questions and Answers
We introduced this “Changing Your Matrimonial Property Regime: Questions and Answers” page for you to post any questions you may have on the topic. For example, if you want to know whether you should change your matrimonial property regime, please pose your question along with some background information.
At the same time, if you are able to assist others who have posted questions below and are seeking advice on changing their matrimonial property regime, please feel free to reply to their comments. In this way, we can all help each other and expand our online knowledge base.
I need assistance in legal advice.
My parents and husband are fighting. Me and my kids are in the middle of the fight. Now my husband is denying my kids to attend their grandparents party which they have been looking forward to it. How and what right do they have to choose if they want to attend or not. The oldest is 11 years and youngest is 2 years.
I feel trapped knowing and seeing the hurt in my kids that they might not be able to go to their grandparents birthday party this weekend.
What rights do my kids have. And how do I get my husband to grant my kids their rights.
Gudday my name s Margareth I’m currently married wth my husband under costomary law he moved out of de house we bouth and staying wth his girlfriend my question what r de chances of de house as we r partners although contribution of de house I contributed alot
Good day
We do not want to guess the chances. It may be best to see an attorney.
Good day.
Can I go visit my son that lives with his mother 35km from me during level 4 of national lockdown.
His mother and I have no past relationship.
WE have no parenting plan. We have our own “parenting plan”
Regards
JT Künneke
Good day
Have a look at this link https://www.4000.co.za/magistrate-permit-movement-provinces-children-lockdown/
Hi
-My ex and I were married in COP
-We divorced in 2011
-At the time of the divorce we owned 2 properties
-At the time of the divorce he was unemployed
-We agreed that he will reside in the one property and I will reside in the other. And each will be responsible for all the costs for the property that they reside in
-We will then buy each other out. Which we never got round to doing because of the costs involved.
-He has not been paying the bond and now the bank has called to claim the money from me and threatened legal action
-I want him to sell the property since he can’t afford it.
-How do I force him to sell.
-I cannot afford expensive legal fees and would like this done as quickly and cheaply as possible.
Good day
As co-owner, you have a right to no longer be co-owner. Unfortunately you need a Court Order to force a sale. Call our office on 0214243487 to set up a Consultation to discuss the process and for a referral.
Hi
My name is David and I am a father of 4 kids. I am unable to pay maintenance for my kids but I am willing to meet her half way in whichever way I can. However, their mother has taken out an interdict against me so I can’t come near my kids. Can she do this?
Please help.
Thanks
Good day David
The mother is within her rights to take out the interdict. We presume its not a final interdict. Whether she will be successful in making it final is another issue all together. Here the court would listen to her reason and evidence and to you too.
Best of luck.
Good day
The father of my child has not been around and earns enough money to pay maintenance regularly. He continues to disregard our child and always has excuses to pay child support. What can I do to get him to pay child support? I know he earns enough.
Can I get a maintenance order or take him to court?
Thanks
Good day
Yes, proceed to your closest maintenance court and claim support. Best of luck.
Good day,
My friend keep hammering me about the importance of a parenting plan, why is this so crucial legal in the event of a divorce?
Good day
A parenting plan brings certainty in the parenting situation. Both parents would know their rights and duties and would abide by it.
Good day
I would like to know more about child maintenance rights?
Hello
Have a look at our articles on child maintenance, https://www.4000.co.za/articles-advocate-muhammad-abduroaf/ .
Good evening. I am currently married in community of property. Is it possible to change it to out of community of property?
Hi Peta. Yes it is possible. You show that your creditors wont be prejudiced.