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Want to know if this is legal, and what the implications of doing so would be.
Wednesday
December 21, 2005
8:41 PM
Posts: 1
I have a parent facing with loosing a home in a divorce battle. the person wants to lend me money, which in turn, I would use to buy the house to get it on my name. This means, I get a house, and I owe the parent money which I pay back over a period of time.

can this be done?
Thursday
January 5, 2006
3:05 PM
Posts: 7
I will check with a family law expert and revert early next week - check this space...
Tuesday
January 10, 2006
1:46 PM
Posts: 7
I have discussed your question with Jaco Neuhoff, a leading attorney in Pretoria, and he advises as follows: while the steps you propose will ensure that your parent does not lose the house, it does mean that the loan he/she made to you will be viewed as an asset in the matrimonial estate and will be taken into account in the division of the assets.
Friday
January 13, 2006
11:50 PM
Posts: 156
Natalie, I'm a third year law student and am a little confused with the expert legal response from Mr. Jaco. In my opinion, the facts given by Sonar above are not adequate for one to give a definite legal advice on. I would think one has to ask whether the couple were married in community with or without the accrual system, Out of community with or without the accrual system, whether they was an anc signed before hand, who bought the house and with what money exactly. Also, the money the parent is loaning to the child, from what source is this money? Unless of course Sonar provided Mr. Jaco with more details which are not included here, I do not understand how one would easily arrive at such a conclusion as above.
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General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions.
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