Long-term partner’s bid for property ownership dismissed
The Gauteng High Court (Johannesburg) has dismissed, with costs, the application of Lutz Lamphrecht, who sought to claim ownership of two properties of his late long-term partner.
Lamphrecht alleged that he was in a 46-year relationship with the late Eva Hedwig Horn – claiming their relationship started in 1970 and ended in July 2016, when she died.
A News24 report says in his application, Lamphrecht claimed that he and Horn lived as a married couple, who jointly owned and maintained their Westcliff and Montgomery Park properties – worth a total of R3m.
He alleged that he sold his Auckland Park home in 1982 to buy the Westcliff property with Horn. However, this property is registered only in Horn's name – and he did not produce documentary or other evidence in court to prove the sale of the Auckland Park property.
He alleged that he contributed financially and otherwise to the renovation and development of both properties.
Judge Thifhelimbilu Mudau ruled that Lamphrecht failed to produce sufficient evidence to support his claims.
Mudau cited an alleged affidavit in which Horn confirmed that she and Lamphrecht ‘lived as husband and wife’.
‘The applicant's reliance on the purported affidavit is misplaced and of no assistance. The alleged affidavit does not comply with the requirements as set out in regulations governing the administering of an oath or affirmation,’ Mudau wrote in the judgment.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
