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SA Verbal Agreement After Divorce - Accepted in Family Court?

Discussion in 'Family Law Forum' started by B-57, 27 December 2015.

  1. B-57

    B-57 Member

    25 December 2015
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    After the divorce, my daughter and I met with my ex-wife. We both agreed to give to our daughter the family house. I transferred the house on our daughter's name. After about six months, she text messaged me that she wants her share in property settlement. I told her that we had a verbal agreement, she text messaged me back that she remembered that, but she wants her share. Is the text message admissible in family court, and can I use it as evidence that we had a verbal agreement?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    You will both have a chance to swear an affidavit in support of your side of the story. The magistrate/judge will then make a decision on what they believe happened from reading both affidavits.

    I suggest contacting a local lawyer who specialises in family law. See
    Get Connected with the Right Lawyer for You
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    My understanding is that a verbal agreement or, for that matter, a written agreement between separating couples is not legally enforceable. The text message will be admissible but really won't have much relevance.

    But since you've transferred the house into your daughter's name, that might save you. Just out of interest, was the house in both you and the ex's name prior to the transfer or was it just in your name?
    If it was in both names, then the ex is gonna have issues because she has legally relinquished her right to the house. But if it was in your name only, then it gets messy...
  4. Rod

    Rod Well-Known Member

    27 May 2014
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    Was there any kind of property settlement as part of the divorce proceedings?

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