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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I came to South Africa to set up a business. She

Customer Question

My wife and I came to South Africa for me to set up a business. She took the kids back to the UK on holiday and said she was not coming back after they left. We are not divorced but she has moved back into our family home. We have a second rental property which I have decided to move into as living away from my kids is killing me. She is now wanting to sell the rental property that I am planning to move into. Can she do this?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
She has also said that I have to agree to only seeing the kids every second weekend and one day per week and I have no rights to come to our family home. We have been married for 14 years and have 3 young children. We lost on at childbirth.
Expert:  Harris replied 1 year ago.

Hi, thanks for you question. Just a bit more information required to fully assist you:

-How old are the children?

-Whose name is ***** ***** in?

Customer: replied 1 year ago.
The children are 13, 11 and 4 years old. The properties are in joint names. We bought both properties during our marriage
Customer: replied 1 year ago.
We are still married
Expert:  Harris replied 1 year ago.

Thank you for confirming. As the properties are in joint names the wife has no authority to sell or attempt to market them solely and the estate agents must be informed of your legal interest in the property.

In relation to the child arrangements, the arrangements have to be in the children's best interests and work around their reasonable timetable. If there are no child protection concerns it would be reasonable to expect for contact with a non-resident parent to take place once a fortnight for a full weekend (overnight) and at least one night a week during the weekdays and shared holidays.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.