Daily DispatchDaily Dispatch

SCA upholds eviction order in matrimonial property dispute

Landmark decision clarifies property rights in divorce cases

The Supreme Court of Appeal has told an angry wife, identified only as Mrs M, that she has no lawful right to continue living in her matrimonial home after it was sold by her husband during their ongoing divorce proceedings.
LEGAL ACTION: The Supreme Court of Appeal has told an angry wife, identified only as Mrs M, that she has no lawful right to continue living in her matrimonial home after it was sold by her husband during their ongoing divorce proceedings.Picture: 123RF/3Drenderings

The Supreme Court of Appeal (SCA) has confirmed a landmark eviction order in a contentious property dispute arising from protracted divorce proceedings, addressing enforceable rights against third parties in cases of divorce.

The case involved the rights of a divorcing couple and those of the buyers of the property in a situation where the house became central in protracted divorce proceedings that went on for more than 15 years.

The dispute pertained to a family home that was sold by Mr M (who cannot be identified because of South African divorce laws) to Cara Masureik and Joost van Lier. The sale came as Mr M and his wife Mrs M were involved in a bitterly contested dispute over who could live in the house.

Click here to read the full story:

https://www.timeslive.co.za/news/south-africa/2026-01-12-sca-upholds-eviction-order-in-matrimonial-property-dispute/