SA Ex Husband Property and Business Issues

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26 August 2014
Two part question, my ex husband has recently left the marital home to rent elsewhere. He believes he has right to enter the marital home still. I do not wish this. what are my options?

Part 2: I am awaiting accountants and bank reply to buy him out of both the business and the home. The bank has said they will loan me for the business and waiting on the reply for the home loans. The eex husband says he does not wish to sell me the business if I can not buy the home at the same time. What are my options, is he correct?


Hi Jacky,

Part 1 - access to the home
As unjust as it seems - being able to walk out on your partner but then come and go as you please from the family home, I do not know of any law that enables you to stop this. To my knowledge, both you and your ex-partner are entitled to live in your home after separation regardless of whose name is on the rental agreement or the title of the property. However, by the same token what can he do if you simply have the locks changed? He was the one who moved out.

Part 2 - sale of business and home.
There is no requirement that you sell your shares of both the business and the home to him at the same time, this is simply his preference or him being difficult. It can be done in a two stage process. This can be drafted into your property settlement agreement.

This site has some more helpful information on property settlements.