The short answer
No, but he has inherited a child's share, just like you and your sister.
The whole question
Dear Athalie
My father passed away a few years ago. He is survived by my mother, to whom he was married in community of property, and their children – me, my sister and my half-brother. My father did not leave a will but my half-brother brought his whole family to the house for a short stay. They've been here for a few years now. I heard him say to my mother that she is behaving like she owns the house. Does my half-brother and his family have the right to claim the house?
The long answer
No, your half-brother does not have the right to claim the house. As your mother was married in community of property to your late father, half of the property is automatically hers. The other half is divided equally between your mother, you, your sister and your half-brother, and that is known as a child’s share. Your half-brother inherits equally with you and your sister as you are all your father’s direct descendants in terms of the Intestate Succession Act.
Wishing you the best,
Athalie
Answered on Sept. 3, 2021, 2 p.m.
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