M.A.M v T.S.M and Another (3337/2023)
M.A.M v T.S.M and Another (3337/2023) [2023] ZAFSHC 275 (19 July 2023)
The applicant, as a spouse married in community of property, did not consent to the sale and transfer of the joint property. The respondents, as purchasers, claim protection under section 15(9) of the Matrimonial Property Act, arguing they were bona fide and unaware of the lack of consent. The court finds that the applicant has established a prima facie right to interim relief, as her rights as co-owner were potentially infringed. The balance of convenience favours granting the interim interdict to prevent irreparable harm to the applicant and her children, pending the final determination of…
Source excerpt
- Matrimonial Property Act
- Interim Interdict
- Eviction Stay
- Sale Of Joint Property Without Consent
- Division Of Estate