02/12/2024 Bertus Preller Actio communi dividundo, Division of Estate, Divorce, Islamic Law, Muslim Marriages, Procedure actio communi dividundo, bound co-ownership, constitutional equality, equal rights, free co-ownership, High Court Judgment, Islamic divorce, Islamic law, Islamic marriage, joint ownership, joint property, legal precedent, marital home, Marriage Dissolution, marriage property, property co-ownership, property dispute, Property Division, property division Islamic marriage, property rights, property sale, property settlement, Property Valuation, South African Law, South African property law, spousal contributions, spouse rights, Talaaq, Western Cape High Court Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024). Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and… READ MORE
04/09/2024 Bertus Preller Divorce, Spoliation business continuity, business premises, civil procedure, counter-spoliation, divorce proceedings, High Court ruling, joint ownership, legal precedent, mandament van spolie, marital dispute, matrimonial property, Mediation, office access, peaceful possession, property developers, property rights, South African Law, spoliation, Urgent Application Office Access Showdown: High Court Settles Spousal Spat in H.J.C v M.C.C (2041/2024) [2024] ZANCHC 79 – (30 August 2024). Background: A Marital Dispute Turned Property Access Saga In the heart of Kimberley, a seemingly routine marital dispute escalated into a complex legal battle over property access, as seen in… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE