Can my husband’s ex-wife refuse to sell their property?
Imet my husband after his divorce. The agreement when he divorced was that two properties would have to be sold and the money split between him and his former wife.
However, the process of disposing of the properties never happened.
I married him about four years ago.
My question is, do I have the right to sell these properties on his behalf, seeing that we are now married, so that I can finalise the payout to his ex, who is being very difficult and keeps changing her mind?
Soré Cloete, senior legal manager at Old Mutual, replies:
A lot would depend on the exact wording of his divorce settlement. For example, it may state that the ex-wife is entitled to “a” house, which may mean that the ex-wife is unsure about which house/proceeds she is entitled to.
Based on the information supplied, I would suggest that your husband sit down with his ex-wife and, with their lawyers present, determine exactly what should happen and then ensure that it is actioned.
But in general terms, whether you could sell the assets belonging to your husband would depend on your marital status. Based on the question, the “divorce debt” is still owed by your husband to his former spouse.
If you are married to him in community of property, you have a joint estate and both you and your husband can act on behalf of that estate. However, if you are married in community of property, both you and your husband would also need to agree to sell the assets registered in his name.
If you are, on the other hand, married out of community of property, you may not sell your husband’s assets on his behalf to cover his debts.