J.J v A.J (4041/2019)
J.J v A.J (4041/2019) [2020] ZAFSHC 4 (9 January 2020)
The court found that the applicant's half share in the property was the only meaningful asset for creditors, but the respondent had a prior personal right to the property under a court-sanctioned Deed of Settlement. The respondent's ongoing payment of the bond and her status as primary resident, together with her children, meant that sequestration would unjustly prejudice her rights and potentially result in eviction. The court emphasized the constitutional right to adequate housing and the need to consider alternatives such as debt review under the National Credit Act. The applicant failed t…
Source excerpt
- Voluntary Surrender
- Insolvency Act 24 Of 1936
- Debt Review
- Adequate Housing
- Personal Rights In Property