Court Orders Man To Share With Girlfriend Assets Hidden From Ex-Wife During Divorce
A man from Namibia has been ordered to share his assets with his girlfriend whom he used to hide his assets from his ex-wife. The man, Sarel Jacobus Burger Oberholzer, transferred the assets to his girlfriend’s name during a divorce from his ex-wife. However, his relationship with his girlfriend ended and the Supreme Court of Namibia ruled that he must share his business and property with his girlfriend.
What transpired:
Sarel Jacobus Burger Oberholzer found himself in arrears with child maintenance payments during his divorce, according to The Star. Being married in a community of property, he believed that his ex-wife could claim his property for unpaid maintenance. In an effort to evade his obligations, Oberholzer made an oral agreement with his girlfriend, Anna Marria Loots. According to the agreement, any property he acquired would be registered under Loots’ name, with the understanding that she would transfer it back to him if their relationship ended.
As a result, Oberholzer registered a property and a Pub & Grill business under Loots’ name. Loots became actively involved in the business, managing its finances, administration, and day-to-day operations. She even left her job to work on the business full-time. Additionally, Loots played a significant role in running other businesses in which the couple was involved.
However, their relationship came to an end in January 2017 when Oberholzer left their shared home. Oberholzer then took legal action against Loots, seeking to compel her to transfer the property and total membership of the Pub & Grill back to him. In response, Loots denied Oberholzer’s claim and filed a counterclaim against him for damages amounting to N$50,000 (R50,000) due to his breach of promise to marry her.
The high court dismissed Oberholzer’s application, citing vague and inconsistent evidence that was deemed unreliable and untruthful. On the other hand, Loots was granted N$5,000 (R5,000) for her counterclaim, along with interest and costs. Dissatisfied with the ruling, Oberholzer appealed the decision, leading the case to be heard by the Supreme Court of Namibia.
After considering the case, the Supreme Court found that Oberholzer’s actions were driven by a desire to hide his ownership of business and property, with the intention of undermining any potential maintenance claims from his ex-wife on behalf of their children. The court also noted that Loots had made significant contributions to their relationship, including resigning from her previous job to assist Oberholzer in running the business for their mutual benefit.
Consequently, the Supreme Court ordered Loots to transfer 60% of the business and 60% of the property back to Oberholzer. The court further stated that if the parties could not agree to the arrangement, they could explore options such as one party buying out the other, a third party buying out one of them, or selling the property and dividing the net proceeds.
Regarding Loots’ counterclaim, the court ruled that Oberholzer must pay her N$5,000 (R5,000) along with interest at a rate of 20 percent per annum from April 1, 2022, to November 2023.
