Conveyancing
Which documents must I submit with a claim?
- Loan approval, if you buying cash bank statement indicating that funds are available
- Seller’s ID
- Deed of sale
- Title Deed (If property donated)
- Member’s I.D if married then your spouse’s I.D and marriage certificate.
I Want to have a house transferred in my name what should I provide?
For the transfer of house you have to be a paid up for 6 months or more, you have to provide the following documents:
- Loan approval, if you buying cash bank statement indicating that funds are available
- Seller’s ID
- Deed of sale
- Title Deed
- Member’s I.d if married then your spouse’s I.d and marriage certificate.
What is the difference between Bond fees and Transfer fees?
Bond fees are incurred when the bank requests a Legal Practitioner to register a Bond over the said property, whilst Transfer fees are incurred when the Legal Practitioner registers the said property in the name of the purchaser. Therefore bond fees relates to the financing of the property while transfer fees relates to transferring the title deed of the property into the name of the purchaser.
What fees are paid by Legal Shield?
Legal Shield pays for the transfer fees (professional services fee for the transfer of the property) charged by the Legal practitioner and not the costs of the bond registration.
Why does Legal Shield only pay for some of the Transfer fees and not all the Transfer fees?
As explained in the previous question, it’s quite a costly exercise, thus, as a benefit to our members, we assist with some of the transfer fees. Legal Shield does not assist in the event of a property being transferred from an estate or a CC.
Why does Legal Shield not pay for the transfer fees if I as the member sell or donate my property to someone?
Transfer fees are paid by the person receiving the property (purchaser) and not the one donating it, thus, if the member donates the house, costs are to be paid by the Donee and not the Donor.
Why are transfer costs not covered when I receive a property out of an estate?
When a property is transferred out of an estate, these are estate costs to be paid for out of the estate, and is not covered by the Legal Shield Policy.
Matrimonial
I am married to my wife in community of property, what will happen to my assets if we get divorced?
By virtue of the marriage in community of property, the two estates become one, so basically everything your spouse owns, you own and vice versa. As such once you get divorced by law all assets owned by both of you are to be split between the two of you. In most instances couples reach an agreement as to how to split the assets without said assets being sold. However if no arrangement can be made the court will order that the assets be auctioned and the proceeds shared.
Which marital regimes apply in Namibia?
Most civil marriages in Namibia are in community of property. If you want to be married out of community of property you must make (enter into) a contract before you are married called an ante-nuptial contract and register it at the office of the Registrar of Deeds. But if you live north of the old “Police Zone”, in the areas known as Owamboland, Kavango and Caprivi, marriages that take place between “Africans” on or after 1 August 1950 are out of community of property.
What is the difference between being married in community of property and being married out of community of property?
In community of property:
Everything a husband and wife had before they were married becomes part of the joint estate. Everything earned or bought once married also becomes part of the joint estate. Each partner owns half of the joint estate. If one partner has a debt, money from the joint estate can be used to pay this debt. Both partners must agree to sell, give away or borrow money or property. Both partners must agree if they want to take out a large loan. If the couple divorce or if one partner dies, the property will be divided in half.
Out of community of property:
Everything a husband and wife had before they were married remains their own. Once they are married they keep their own earnings. They are each responsible for their own loans and debts. The husband or the wife can buy or sell their belongings without asking the other person. They can each take out a loan without asking the other person. However, not all costs are separate. The cost of household needs should be shared because a husband and a wife have a duty to maintain each other. If a couple want a divorce, they each keep their own property and anything they bought together is divided in half. If one partner dies, it is only that partner’s separate property which goes to the heirs.
How is custody determined?
The Married Persons Equality Act (1 of 1996) states that both parents are joint custodians and equal guardians. Custody can be with one parent while the other parent enjoys visitation in the alternative parties can share custody. Custody is determined as per the court judgment whether made by agreement between the parties or determined by the court.
Divorce
What issues can be resolved in a divorce?
Divorce is strictly a legal process. Only legal issues can be resolved. What a divorce cannot do is punish one party or place blame.
When a divorce action is instituted it mainly entails separation of the communal estate should members be married in community of property or the division of the assets and determining how liabilities will be dealt with. It is important to keep in mind that each divorce is based on its own merits and will not be able to be compared with a friend/family member or colleague’s divorce action.
Divorce actions can initially include custody and maintenance of the Spouse and/or minor children.
How long will the divorce process take?
At the beginning of a divorce it is hard to predict how long it will take. Your attorney can better judge length after the case is underway. Some factors that affect length are:
- The number and complexity of contested issues
- The parties’ ability to work together
- The lawyer representing the other party
It is never possible to determine the time frame of a divorce matter. Divorces can take 6 months or 3 years depending on the co-operation of both parties, merits, complexity availability of Judges etc. Most divorces do end in settlement however some divorces settle almost immediately while other settle the day before court after 3 years of disputes.
It is, however, important to keep in mind that when initiating a divorce action the most important concern a party should have is the minor children, disputes with regard to assets will prolong a divorce unnecessarily which will have a costly result.
Is there an alternative to going to trial?
One alternative is to reach a settlement agreement. If you and your spouse can decide most of the issues in the divorce, it can make the court trial shorter. Your attorney can assist you in negotiating a settlement. Do not sign anything without your lawyer present.
Is what I tell my attorney confidential?
Yes. Confidentiality is essential for honesty and openness and is necessary for success in your divorce. Your attorney is prohibited from telling other people what you have told him or her.
This is known as Attorney-client confidentiality. Honesty is extremely important as this will avoid any unnecessary surprises for your attorney during trial which may result in not only effecting your case but may result in the matter being postponed.
How will our property be divided?
By law, property will be divided equitably. Before the property is divided it must be identified, valued, and classified as marital or separate.
Property will only be divided in the event of parties married in community of property or where parties purchased the property together.
Property can be either sold to a third party, and the clients sharing in the profit or in the alternative one party can purchase the other parties half share.
Will spousal support be ordered?
There is no guarantee or right to spousal support. Unless your spouse agrees to pay you support, the judge decides whether spousal support is appropriate. The decision to award spousal support depends on the relative needs and resources of the parties. The court also takes into account the length of the marriage and the contribution made by the parties during the marriage.
Who will get custody of my children?
The court prefers for parents to create their own plan for custody and parenting time (visitation). If you and your spouse cannot develop a plan, the court will use a set of factors to determine what is in the best interest of the children. These factors include the wishes of the parents, the mental and physical health of all parties, whether a parent has been convicted of abuse or neglect of the child or domestic violence and the ability of the parents to get along. The question is not who the better parent is but what is in the best interest of the children.
The court will mainly focus on the best interest of the child/children when determining custody and visitation. Personal circumstances, financial state, relationship between parent and child are but a few factors that will be taken into account. It is, however, advisable that parties determine and settle on the custody and visitation to avoid the Court involvement in this regard.
Do I have to keep my husband’s name after the divorce?
The law allows you to decide to keep your married name or to change it to any name you had before.
Wills & Testament
When will my Last Will & Testament be valid?
Your last Will & Testament will be valid as soon as it is signed by yourself and at least two witnesses.
How often can I change my Will?
You can change it as often as you like, since it’s your wishes that has to be honoured at the time of your death.