Court Rules Woman Married in Community of Property Does Not Deserve 50/50, SA Praises Judge for “Fair Ruling”

Court Rules Woman Married in Community of Property Does Not Deserve 50/50, SA Praises Judge for “Fair Ruling”

  • A woman has lost her share of the joint estate after an interesting Pretoria High Court ruling
  • The woman's ex-husband asked the court not to give his ex a penny because she abandoned the family home and had affairs
  • South Africans are happy about the court ruling and said the court finally listened to both sides of the story

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PRETORIA - In an unusual court case, the Pretoria High Court has forced a woman married in community of property to forfeit her share of the joint estate during her divorce.

Wedding rings on the figure of a broken heart from a tree, hammer of a judge on a wooden background. Divorce proceedings
A woman who was married in community of property was denied a 50/50 share in the joint estate. Images: Rubberball/Mike Kemp & Witthaya Prasongsin
Source: Getty Images

The woman reportedly loved the finer things in life, such as expensive designer clothes and upgrading her cars, even though she earned less than her estranged husband.

Woman loses 50/50 share for abandoning the marital home

According to TimesLIVE, the now ex-husband accused his wife of abandoning the matrimonial home and having an affair and not raising her children.

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The ex-husband also told the court that he paid for the home loan, and she merely contributed a television and music system to the estate.

The ex-husband said his wife left the matrimonial home in 2012, leaving the care of their children to her hubby. The youngest child was two years old at the time.

The ex-wife denied having an affair and said she left the home because she feared for her life. However, the court still ruled that she could not have a stake in the joint estate and forfeited her 50% share in the ex-hubby's pension.

The couple had been married for 22 years.

Woman who "married for money" forfeits half of the joint estate in divorce

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In another story, a woman who married a high-ranking provincial legislature member who was 39 years her senior lost her share of the joint estate.

According to IOL, the ex-husband told the court that he felt she married him for money and political connections and seemed ashamed to be seen in public with him.

The couple was married in community of property, and things turned sour quickly, and eight months later, they were living in separate homes. The woman wanted her share of the joint estate, which was mostly the ex-husband's money.

The ex-wife said she was fed up with her ex-husband because he maintained his ex-wife and grandchildren. The court granted the ex-husband's forfeiture order stating that it was clear that the estranged wife was more interested in her image and looking financially and emotionally independent while using her ex's resources.

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South Africans weigh in on the 50/50 forfeiture ruling

@AmuEmperor said:

"COP is a scam guys."

@darrylv18 said:

"Never get married."

Bongani Mgubela said:

"Men are taken seriously these days. We thank the intervention of the President of the Men's Conference, Hakimi."

Ndips Jwarha Mazaleni said:

"It was a fair judgment. She must go get her share from her concubines. The husband was a victim in this case."

Ngoachipa Lesetja said:

"The JUDGE deserve to be honoured in next year's National Men's Conference. Round of applause to the JUDGE"

Lizo Dikana said:

"Shows the importance of record keeping, especially when it comes to such cases, he dotted down every penny he used and also kept an eye on her spending/lifestyle."

Tshepo Mooi said:

"For once, a judge who listened to both sides of the story."

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Briefly News previously reported that a man on Twitter joined in on the conversation about lobola. The divorcee told people he was charged over R100 000 for his wife's lobola.

People flooded the comments to share their thoughts about the man's misfortune. Online users discussed the way some bride's families take advantage of lobola.

Briefly News reported on a lady whose dad made her lobola R16 000. People were fascinated, and some shared their stories, including one guy.

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Source: Briefly News

Authors:
Lebogang Mashego avatar

Lebogang Mashego (Current Affairs HOD) Lebogang Mashego runs the Current Affairs desk. She joined the Briefly News team in 2021. She has 6 years of experience in the journalism field. Her journalism career started while studying at Rhodes University, where she worked for the Oppidan Press for 3 years. She worked as a lifestyle writer and editor at W24 and Opera News. She graduated with a BA degree majoring in Journalism and Media Studies in 2017. She's a recipient of the INMA Elevate Scholarship. Email: lebogang.mashego@briefly.co.za