One of the most common questions during a divorce is: who gets to keep the family home? In South Africa, the answer depends on several factors including the matrimonial property regime, contributions made by each spouse, and the best interests of any children involved.
Matrimonial Property Regimes Matter
South African law recognises three main property regimes: in community of property, out of community of property without accrual, and out of community of property with accrual. The division of assets including the family home depends on which regime applies to your marriage.
Factors That Influence Who Keeps the House
- Which spouse contributed to the purchase or bond payments
- Whether the house was inherited or acquired before marriage
- The needs of minor children
- Each spouse’s financial position after divorce
Can You Afford to Keep the House?
Even if you are awarded the house, you need to demonstrate that you can afford the bond repayments, rates, and maintenance. In many cases, the house is sold and the proceeds divided.
Contact HB Attorneys for expert legal advice on division of assets in your divorce matter.