21/11/2025 Bertus Preller 15(2)(a) matrimonial property act, Abuse, Actio communi dividundo, Alienation of immovable property, Dispensing with spousal consent, Divorce, Domestic Violence, Domestic Violence, In Community of Property, Matrimonial Properties Act, Plascon Evans Rule, Section 16(1) actio communi dividundo, alienation of immovable property, bona fide dispute of fact, bound co-ownership, credit agreements joint estate, dispensing with spousal consent, evidentiary burden motion proceedings, family law property disputes, free co-ownership, good cause to dispense with consent, joint estate, joint estate property sale, marriage in community of property, matrimonial property disputes, MEPF case, national credit act section 129, Plascon-Evans principles, prejudice to joint estate, private sale vs execution sale, reinstatement of credit agreement, Rule 46A, sale in execution, section 15(2)(a) matrimonial property act, section 15(2)(f) matrimonial property act, section 16(1) matrimonial property act, spousal consent requirements, unreasonable withholding of consent, withholding consent unreasonably Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025). Introduction The Western Cape High Court's decision in J.G.S v S.E.S and Others (A283/2024) ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may… READ MORE
30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE