Married ANC no accrual – can my assets be attached
My husband was retrenched and is in arrears with spousal maintenance on his ex. Can the maintenance court consider my income and assets in this case? If so, how and why? This is what the prosecutor has said, but I cant understand how I can be held liable for their agreement when I was never involved in the first place.
The prosecutor definitely got it wrong because a marriage out of community of property, without accrual is a contract entered into between spouses whereby they set out the rules, terms and conditions that will apply to their individual assets throughout the course of the marriage. Plainly put, the property owned by a person before the marriage, including those acquired/ accumulated during the marriage, belongs to that spouse only. The rule, terms and condition applies to liabilities with the same exactitude. My debt is my headache and your debt is your headache.
The maintenance court, in law, CANNOT attach your income. Prosecutor is wrong!
Amended by author 23rd October 2017, 17:56
Liabilities and assets are separate in a marriage out of community of property where accrual is specifically excluded in the Antenuptial Contract.
You can speak to your lawyer for a more elaborately researched opinion.