Splitting joint assets
The High Court granted an uncontested in February 2017 and made the agreement an order of court. In the agreement our joint properties were split with my ex-husband taking the bulk of it. We were supposed to transfer our allocated properties into our individual names.
However, the banks will not do the transfer as we thought so even though I qualify for enough loan to transfer my properties, I can’t because they are still holding his properties in my name and he is not trying to transfer his into his name because he can’t afford them on his own and doesn’t want to sell.
As a result, I am battling to get my life in order. Is there anyway I can get the banks or force him to transfer his properties into his name?
Hello. Send a copy of the court order to the bank. If there is no clarity or agreement on how the division is going to be effected I suggest you ask your lawyer to again apply to the court for an order. In the absence of cooperation from one party, the court can order an auction or private sale of the joint properties and the division of the residue after the bond is paid off. Ideally your lawyer should call in your ex- husband to resolve the matter. The current legal position is that no two persons can be forced to jointly own a property. Find link to a court decision that sheds light on the subject : http://www.gclaw.co.za/images/pdfs/co-ownership_sept2010.pdf