Judge orders estate from violent marriage to be shared
A Thembisa woman who admitted to burning all of her husband’s clothes and partly torching his car will receive half of his government pension fund and a share of their house in the divorce settlement, according to a Cape Argus report.
The ruling was recently made by the Gauteng High Court (Johannesburg) after the husband filed for divorce and sought forfeiture of patrimonial benefits against the wife.
He requested that she forfeit the house, his two cars, and half of his pension fund.
The pair got married in community of property in 2007.
In his evidence, the husband stated that he bought the house in 2011 and claimed the wife refused to contribute towards the household expenses. He mentioned that he financed her education, but once she got a job, she did not contribute to the joint estate. He claimed that in 2011, they had a disagreement and she tried to burn the house and his car.
He testified that, in 2013, his wife began staying out overnight due to extra marital affairs and would sometimes return home drunk late at night.
He said that when he informed her of his intention to divorce, she retaliated by burning all his clothes and damaging the engine of his car.
Due to the tumultuous nature of their relationship, he moved out of their home in 2014 and began living with his brother.
In her evidence, his wife explained that she partially burned the car and all his clothes because the husband was harassing her and had also threatened her with a gun.
She denied having any extramarital affairs and accused the husband of infidelity, notes the Cape Argus.
Judge Nomonde Mngqibisa-Thusi said from the evidence, the marriage between the parties appears to have been rocky from the start, with violence perpetrated from both sides.
The judge said the husband failed to provide sufficient proof that the wife was cheating and did not contribute to the growth of the joint estate.
The judge said the joint estate, including the husband’s pension fund, would be divided equally.
However, the wife’s claim to be retained on the husband’s medical aid after divorce was dismissed.
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.
