S.B v R.B (13622/2011, 36/2009)
S.B v R.B (13622/2011, 36/2009) [2014] ZAWCHC 56; [2015] 2 All SA 232 (ECLD, George) (16 April 2014)
The court found that the plaintiff's claims for a division of a joint estate or 50% of the defendant's estate failed due to the immutability principle, as the parties did not jointly apply to court to change their matrimonial property regime under section 21(1) of the Matrimonial Property Act. The evidence did not support the existence of a separate partnership agreement for property transactions. However, the court accepted that the defendant donated the Toyota RAV vehicle to the plaintiff, entitling her to R135,000 from its sale. The court also found that, given the plaintiff's financial po…
Source excerpt
- Matrimonial Property Regimes
- Maintenance
- Donation Between Spouses
- Universal Partnership
- Division Of Assets