Married out of community of property
My father 88 yrs is married out of community of property. My step mom 75yrs took care of him for 8 years after he became ill with dialysis and manage the house holding and finance (pension funds, debt etc). The two of them stays alone, we recently appointed a homecare nurse, after dad was hospitalised with lung failare, but he is good again, he struggles to walk and uses a wheelchair. He was diagnosed with.dimensia recently and have memory loss ar times or return to his childhood days. Dr gave a letter to state this. Sometimes his memory is normal again. My brother recently took all my step mom “s rights at the bank and changed banking details,he, his wife and my sister took my father to bank and went without my step mom. Two days ago they went to change the testament. My step mom is been watch through the home-care and all her moves are reported on to my brother. My step mom does not have any freedom in their own house anymore and they accusing her of stealing my fathers money. She went through a lot of trauma with my fathers illness and alnost had a nerves breakdown. My brother wants to move in, he doesn”t have a place of his own. He wanted to move in 4 yrs ago, but my father stopped him and requested him to leave. Since then he became very rude to my Step mother. My father has 5 children and no other children in his 2nd marraige to her. Three of the children is not in agreement with what is happenning. How do we support my step mom, seeing that they married out of community of property? All I know my father gave her rights to stay in the house life long, but know they will kick her out or make her life unpleasant so she has to leave. How do we stop this process. Please help. Thank you
You did not state whether accrual apply in the marriage out of community of property between your father and your mother(step). I will however respond on the assumption it is without accrual.
When spouses marry out of community of property, they make an election, which is, to keep their assets and liabilities separate. It is a choice both spouses made when they drew up an antenuptial contract. So, each spouse retains her or his individual assets and freely deal with them as he or she pleases. The economically weak spouse is the one that feel the pinch the most as he or she does not partake in the sharing from the estate of the stronger spouse. Having a valid will is one way the spouses can provide for each other and prevent many problems. In your situation, your father and step mother are alive and the issue of Will will not come to fore.
However, since there is a doctor’s report in regard to your father’s mental instability(dimensia), your siblings’ conduct could tantamount to exploitation and abuse of elder. My advice is that you could consider confronting your father with your step mother’s plight, or contact the South Africa Human Rights Commission and report elder abuse.