Forfeiture of rights

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Forfeiture of rights

This means that when it comes to the dissolving of the joint estate, the plaintiff is entitled to claim, over and above his or her half-share in the joint estate, anything which he or she may have contributed to that joint estate (Ogle v Ogle (1910) 31 NLR 87). The guilty spouse is not called upon to surrender his or her half-share in the joint estate (Celliers v Celliers 1904 TS 926) but only any financial benefit he or she may have derived from the fact that the innocent spouse contributed more than he or she did to the joint stock (Smith v Smith 1937 WLD 126). Thus, if an order for forfeiture is granted and the innocent spouse is found to have contributed less than the guilty spouse, the spouse would be entitled to his or her half-share (Van der Westhuizen v Seide 1957(4) SWA 360.

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