South Africa Case Law

P.N v A.E (20081/2023)

P.N v A.E (20081/2023) [2024] ZAWCHC 266 (16 September 2024)

Court

Western Cape High Court, Cape Town

Case number

20081/2023

Judge

Gordon-Turner

The court found that the co-ownership of the Sunningdale property between the parties is 'bound co-ownership' arising from their marriage relationship, notwithstanding the matrimonial property regime. As such, the co-ownership endures until the marriage is dissolved, and the actio communi dividundo is not presently available. Even if this characterization is incorrect, the court held that it would not be equitable to order the sale of the property at this stage, as alternative modes of division—such as one party acquiring the other's share—may become feasible depending on the outcome of the a…

Source excerpt

• Actio Communi Dividundo
• Matrimonial Property Act
• Accrual Regime
• Co Ownership Termination
• Spousal Maintenance

Z.K.M v V.A.M (13924 / 2022; 16505 / 2018)

Z.K.M v V.A.M (13924 / 2022; 16505 / 2018) [2023] ZAWCHC 2 (17 January 2023)

Court

Western Cape High Court, Cape Town

Case number

13924 / 2022; 16505 / 2018

Judge

Wille, J

High Court varied interim maintenance in a divorce matter after finding the husband’s income had fallen and the wife had savings and trust income.

• Maintenance Variation
• Rule 43 Application
• Interim Relief
• Parental Responsibilities
• Accrual Regime
• Maintenance-variation