South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Divorce matter - house in joint property Our house has been…

Divorce matter - house in...
Divorce matter - house in joint property
Our house has been on the market for many years (it's even my wife who initiated the sale). The sale of that shared asset (50%) has always been agreed by both parties. Recently I informed her that to speed up the sale process, I was signing a sole mandate for 75 days with an auctioneer to sell the house on a silent auction. She refused to signed the contract and said that the divorce should be finalised before we could sell the house.
Firstly, why would that be correct?
Second, can I force her to sell the house if the offer is close to the asking price?
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 7 minutes by:
8/18/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,810
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

1. There is no reason at all why the divorce must be finalised before the house is sold at all;

2. No, you cannot force her to sign a deed of sale is she does not agree with it. You could, if she is being unreasonable, bring a Court Application for the division of the partnership (as regarding the property) and say that there is a complete deadlock about how to proceed forward with the joint ownership of the property. The Court will then make an order about what to do with the property (ie. to sell it) and then her signature will not be needed on the transfer documents - the Court will authorise someone else (usually the sheriff) to sign transfer documents on behalf of the party who refuses.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,810
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Thank you Freddie. Can you point out to sample document regarding the court order that you mention?

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

Ask Your Own South Africa Law Question

Sorry, I missed the last question. No, there is no sample document for such an order - it is an application you will have to bring (with the asistance of an attorney) in the High Court.

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,810
2,810 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,810 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

218 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Enforcing a divorce settlement which is silent about the
Enforcing a divorce settlement which is silent about the step by step action plan for listing the property. South Africa… read more
Christiaan K
Christiaan K
LLB
218 satisfied customers
We are married ANC with accrual with the exclusion of our
We are married ANC with accrual with the exclusion of our respective properties. My property was bond free and subsequently sold to buy a bigger home to live in. A bond was registered in MY NAME ONLY … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
On 30 May 2017, I signed a sole & exclusive contract to sell
On 30 May 2017, I signed a sole & exclusive contract to sell my house with Global Property Auctioneers. The mandate period says on the document "the sole mandate shall commence on the date of signatur… read more
Christiaan K
Christiaan K
LLB
218 satisfied customers
A debtor is unable to pay CreditorX, and CreditorX has a
A debtor is unable to pay CreditorX, and CreditorX has a judgment against the debtor. The debtor as a car but the car is not paid off; the debtor has the car loan with CreditorY. The Market Value of t… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My Internet connection dropped a moment ago when I was about
My Internet connection dropped a moment ago when I was about to finish asking my question. I have given my credit card details: Dorothy ***** ***** Here is my question again: I am 73 - my husband and … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
HiMy partner and I own 50% of our house -we are not married - the hou
Hi My partner and I own 50% of our house -we are not married - the house has a bond owed of R130 000 and value is +-R1400 000, his business is in serious financial trouble and he has been advised by h… read more
Freddie Lombard
Freddie Lombard
Attorney
2,810 satisfied customers
Hello I have a property I am selling with agents, one of
Hello I have a property I am selling with agents, one of the agents has a signed mandate the other two do not. I am also advertising privately. If a sale comes through with my advertising, do I need t… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am in a process of divorce and has recently registered a
I am in a process of divorce and has recently registered a company. I understand that when the divorce is finalised I share my shares equally with my wife. What about after divorce… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My question is with regards XXXXX XXXXX settlement taking into
My question is with regards XXXXX XXXXX settlement taking into account my shares in a closed corporation. I recently found out that my wife cheated on me with my business partner. We are married in co… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I stopped my lawyers service in South Africa on a deal went
I stopped my lawyers service in South Africa on a deal went bad with property. I must sign before the property can get sold. I sent the other 50 percent partner's lawyer an mail to say that I will han… read more
Freddie Lombard
Freddie Lombard
Attorney
2,810 satisfied customers
I have an offer to purchase with a 72 hour clause which I would
I have an offer to purchase with a 72 hour clause which I would like someone to explain to me please as the agent has now changed her story from what we were told before signing an papers… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My house has been sold via a Liquidator under deceased estate
My house has been sold via a Liquidator under deceased estate as my late ex-husband and i didn't seperate the joint estate when we divorced. The house was up for auction in February 2011 which i was n… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Good morning. My name is Thabani Gula. I got married in
Good morning. My name is Thabani Gula. I got married in 1987 in Communty of property. We bought a house in financed by Nedbank. In 2000 my wife left the faminly home in South Africa and went to leave … read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
Hi. We are in the process of buying a house from a private
Hi. We are in the process of buying a house from a private seller who wants to emigrate and recently got divorced. During the process of negotiation with the seller( day before we signed offer to purc… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
My mother is on pension, 3 years ago she married a man that
My mother is on pension, 3 years ago she married a man that has since made no contribution to the mariage. a prenutptial contract was drawn up but never registered as the attorney handling this was re… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
Dispute in a trust which constitutes a shopping center
My Dad inherited 50% share of a trust which constitutes a shopping center with his sister inheriting the other 50%. She recently passed away and her 50% passed onto her two children living in Perth, A… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I am in the process of getting divorced. My ex and I only have
I am in the process of getting divorced. My ex and I only have a single asset, namely joint ownership of a R1,5m house, in which we are still bonded for approximately R650k. I have an anti-nuptial wit… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Sir, I may have asked this question before .... I still
Dear Sir, I may have asked this question before .... I still feel helpless to do anything to get my ‘wife' to pay her part of the mortgage repayment. We are in the process of getting a divorce and she… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x