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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2675
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Divorce matter - house in joint property Our house has been

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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?

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

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 and other South Africa Law Specialists are ready to help you
Customer: replied 2 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

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