S.C and Another v L.M (A2023/053792)
S.C and Another v L.M (A2023/053792) [2024] ZAGPJHC 556 (12 June 2024)
The court found that the respondent provided a reasonable explanation for the lack of proof of payment for the property, given the passage of 18 years since its acquisition. The deed of transfer established that the property was registered in her name, and there was no evidence of collusion or simulated transaction intended to prejudice creditors. The insolvent's contributions to bond repayments were attributed to his common law duty of support and did not confer ownership rights. The appellants' arguments were deemed speculative and unsupported by concrete evidence. The respondent acquired t…
Source excerpt
- Solvent Spouse Property
- Section 21 Investigation
- Proof Of Ownership
- Title Valid Against Creditors
- Deed Of Transfer Evidence