Tracy writes: I met my husband after his divorce. The agreement when he divorced was that two properties would have to be sold and the money would be split between him and his ex-wife. However, the process of disposing of the properties has still not happened ‒ and I married him about four years ago. My question is, do I have the right to sell these properties on his behalf, seeing that we are now married, so that I can finalise the payout to his ex who is being very difficult and keeps changing her mind?

Soré Cloete, senior legal manager at Old Mutual replies:

A lot would depend on the exact wording of his divorce settlement. For example, it may state that the ex-wife is entitled to “a” house, which may mean that she is unsure about which house/proceeds she is entitled to. Based on the information supplied, I would suggest that the husband sit down with his ex-wife and, with their lawyers present, determine exactly what should happen and then ensure that it is actioned.

But in general terms, whether you could sell the assets belonging to your husband would depend on your marital contract.  From the information provided, it seems that the “divorce debt” is still owed by your husband to his former spouse. If you are now also married in community of property to your husband you have a joint estate and then both you and your husband act on behalf of the estate. Therefore if you are married in community of property, then both you and your husband would need to agree to sell the assets registered in his name.   If you are, however, married out of community of property you may not sell assets on behalf of your husband to cover his debts.