B.L.M v S.M.M (4516/2022)
B.L.M v S.M.M (4516/2022) [2024] ZALMPPHC 68 (22 July 2024)
The court found that the alleged donation of the immovable property from the defendant's father was executory and not reduced to writing, rendering it void under the General Law Amendment Act. Consequently, the proceeds from the sale of the property formed part of the joint estate. The defendant's withdrawal and dissipation of the fixed deposit, without the plaintiff's consent, contravened section 15(2)(c) and 15(3)(c) of the Matrimonial Property Act. The evidence established that the joint estate suffered a loss as a result of the defendant's actions, entitling the plaintiff to an adjustment…
Source excerpt
- Division Of Joint Estate
- Matrimonial Property Act
- Oral Donation
- Fixed Deposit Withdrawal
- Maintenance
- Parental Responsibility