Property split after divorce
Please assist, it’s been a year since me and ny husband have divorced. I moved out and took the children with me and left him with the house and cars, we had agreed that we would sell the house after the divorce in order to pay for the university fees for our son. He hasn’t been cooperating ever since and i am paying more than half of my salary for a house i do not live in because he doesn’t (community of property). He capitalizes on this knowing very well that if he withdraws all his money before the debit order comes in for the home loan then it will automatically take it from my account, i have divorced him i don’t know why this is happening. The last legal advice i had ee managed to get a sheriff to take the documents for the papers to be sold but they never get entry into the house, he just ignores them at the gate. He doesn’t pay any maintenance, I’ve tried to get him to but i lost that battle as well even though he makes triple my salary after Tax, my 18 year old son currently has a job trying to make money for his own university while his father is living in a house he doesn’t pay for, earns over R50 000, pays no maintenance and is drowning me in Credit Bureau
I honestly need help, guidance, action to resolve this so i can also have a peaceful life and send my son to university like every other mother
Your question is clear, thank you. Since the maintenance of the children, the sell of the common property, children’s education, etc, formed part of the divorce settlement agreement at the time of divorce, and were made order of the Court, I see no reason why it should not be enforced. First of all, refusing to pay maintenance in terms of a court order is a criminal offence of which you are entitled to go to police station and open up a case. He can serve a jail term or pay a fine. The consequence is that he will bag himself a criminal record. Secondly, with regard to the property, you should go back to court to seek an order declaring the property executable. With such an order, you should be able to sell the house. Thank you.