B.K v K.M and Another (6027/2023)
B.K v K.M and Another (6027/2023) [2023] ZAWCHC 306 (24 November 2023)
The court held that the co-ownership of the property between the applicant and first respondent is bound by the terms of their divorce agreement, which was entered into post-divorce and endorsed by the Family Advocate. The agreement's manifest purpose is to provide stable accommodation for the children, with both parties contributing to the property's expenses and co-owning the property until the children no longer require such accommodation. The extrinsic relationship created by the divorce agreement persists, and thus the co-ownership remains bound. The actio communi dividundo is not availa…
Source excerpt
- Co Ownership
- Actio Communi Dividundo
- Divorce Settlement
- Bound Co Ownership
- Maintenance Obligations