My ex husband and I were divorced on 21 May 2010. All bond and levy payments were made up to date at the time of our divorce. He was difficult and refused to sell and wanted to keep the property at the time of the divorce. My attorneys Riekie Erasmus advised that the settlement agreement be drawn up so that he could take full ownership of the property. I had not owned any property before this and had not been divorced before so I trusted my attorney that once this attached settlement document is made an order of the high court that it is as good as gold. The agreement stated that my ex change the property over to his name and if he failed to do so he was ordered to sell the property and keep the proceeds of the sale.
My ex lost his job at the end of 2011 he did not transfer the house onto his name and had stopped making payments and now I have been blacklisted. He started a job towards the end of last year and is still not making any payments as he says that he is not earning enough.
He still continues to live on the property and despite me advising him to rent the place out in the interim, he refuses. I was retrenched by Standard Bank at the end of 2012 and upon me trying to find other employment I was told that I am unsuccessful as I have been blacklisted. I am a single parent to a two year old who is not receiving maintenance for my child from my current husband and cannot find a job because of being blacklisted due to my ex husband and this property issue. I am at my wits end and don’t know what to do.
Please advise me on what to do as I am emotionally and physically drained.
I look forward to hearing from you.
Thanking you with kind regards,
I asked my friend Deborah at the Debt Counseling Industry group in South Africa.
Here is what she said.
Take the following into consideration and act upon the following facts;
1) Do you have a copy of the settlement agreement stating the facts as per the divorce agreement ? If so this needs to be sent to the banks so that it can be altered on their systems. All credit reports will need to be updated with this information within 20 working days from being sent.
2) If you are divorced, this settlement agreement must also reflect on the order. A court order is an order from the court and no bank or party is above this order. If any party fails to comply to the divorce order then they can be criminally charged and or fined. She needs to send this order to the banks as per above point.
3) If the above two points are reflecting on the divorce order then she need not worry about her ex and needs to only focus on herself and obtaining new employment. The banks cannot blacklist her as long as the debt and obligations thereof is reflecting on the divorce court order.
Please post your responses and follow-up messages to me on this in the comments section below.I'm in South Africa and My Husband Won't Take Over the Property After Our Divorce by Steve Rhode