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South Africa decisions
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N.S v R.S (D410/2020) [2025] ZAKZDHC 43 (18 July 2025)
The High Court terminated joint ownership of a marital home, ordered a private auction at a R5 million reserve, and set rules for transfer and accrual division.
Strydom N.O v Jennings and Another (66445/2020) [2025] ZAGPPHC 636 (19 June 2025)
The High Court held that Dr Jennings’ death ended the marriage and joint ownership of the properties, dismissed consolidation with the divorce case, and made the draft order an order of court.
J.G.C v G.A.C (Appeal) (CA139/2023) [2025] ZAECMKHC 44 (13 May 2025)
The High Court upheld an appeal against an order compelling sale of jointly owned former matrimonial property, finding no proven breach of the deed of settlement.
Cholo v Motlana (61773/2021) [2025] ZAGPPHC 322 (27 March 2025)
The High Court terminated co-ownership of a jointly held property after a relationship ended, ordering sale or buyout and equal division of proceeds.
Buitendag v Van Rooyen (2024/077124) [2025] ZAGPJHC 175 (17 February 2025)
The court found that the joint ownership of the property should be terminated due to the irretrievable breakdown of the parties' relationship. It exercised its equitable discretion to provide a mechanism for termination that balances fairness and practicality. The respondent is given the first option to buy out the applicant's share at a price determined by an independent valuer, with strict timelines and clear allocation of costs. The applicant is liable for 50% of the initial co-ownership expenses (deposit, transfer, bond registration, rates, and taxes), but not for transfer costs into the…
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C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022) [2024] ZAGPPHC 1230 (28 November 2024)
The court found that the applicants are co-owners of the property, based on their financial contributions, participation in management, and the terms of the settlement agreement, which confirmed their respective shares but did not resolve the termination of co-ownership. The respondents' res judicata argument failed because the parties and subject matter differed from the divorce proceedings, and the actio communi dividundo was not previously adjudicated. The affidavit was accepted as valid due to substantial compliance with the regulations, given the practical impossibility of conventional c…
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K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024)
The High Court terminated joint ownership of an ex-spouses’ property, held the applicant was entitled to half, and ordered sale by private treaty with equal division of proceeds.
P.N v A.E (20081/2023) [2024] ZAWCHC 266 (16 September 2024)
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…
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N.M v M.M and Another (2023/008561) [2024] ZAGPJHC 674 (24 July 2024)
The court granted an actio communi dividundo application, terminating joint ownership of the former matrimonial home and allowing the applicant to buy out the respondent’s share.
T.K v N.M.P (81131/2018) [2024] ZAGPPHC 341 (5 April 2024)
The High Court dismissed a Rule 42 application to vary a divorce order to include sale of jointly owned property and occupational rent, finding the relief time-barred and substantively incompetent.
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