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South Africa Case Law

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Family And Children [2025] ZAKZDHC 43

N.S v R.S (D410/2020)

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.

  • Actio Communi Dividundo
  • Matrimonial Property Act
  • Accrual System
  • Division Of Joint Property
  • Termination Of Co Ownership
  • Actio-communi-dividundo
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Land And Property [2022] ZAWCHC 94

Austin and Another v Austin and Another (16438/2021)

Austin and Another v Austin and Another (16438/2021) [2022] ZAWCHC 94 (4 April 2022)

Co-owners of inherited property sought immediate termination of co-ownership and sale. The court ordered an open-market sale, with auction as a fallback.

  • Termination Of Co Ownership
  • Actio Communi Dividundo
  • Partition Of Property
  • Costs Order
  • Sale By Public Auction
  • Termination-of-co-ownership
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Family And Children [2014] ZAGPPHC 312

Baloyi v Baloyi (43844/2008)

Baloyi v Baloyi (43844/2008) [2014] ZAGPPHC 312 (3 June 2014)

The court enforced a divorce settlement by terminating co-ownership of immovable property, appointing a receiver to sell it, and dividing the net proceeds equally.

  • Division Of Joint Estate
  • Termination Of Co Ownership
  • Specific Performance
  • Appointment Of Receiver
  • Division-of-joint-estate
  • Termination-of-co-ownership
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.