Divorcing Woman Loses Bid to Stop Eviction from Matrimonial Home – What This Means for You

Divorce is emotionally exhausting — but the legal consequences can be devastating if you don’t protect yourself early. A recent Supreme Court of Appeal (SCA) judgment shows just how quickly a divorcing spouse can lose their home if they misunderstand their rights. If you are going through a divorce or considering separation, this case highlights why getting legal advice early is critical.

The Case: Wife Evicted After Husband Sold the Family Home

A woman in the middle of a long-running divorce attempted to stop her eviction from the former matrimonial home after it had already been sold to new owners.

Key facts of the case:

• The couple was married out of community of property with the accrual system

• The husband bought the house in 2003 in his own name

• He was the sole registered owner

• The home was sold in March 2022

• The divorce proceedings started in 2010 and are still ongoing

• The wife challenged the sale and refused to vacate

• The new owners applied for eviction under the PIE Act

She argued that:

• It was the matrimonial home

• The sale was unlawful

• She had a right to remain in occupation until the divorce was finalised

The courts disagreed.

What the Courts Decided

Both the Western Cape High Court and the Supreme Court of Appeal ruled against her.

The SCA confirmed an important legal principle:

A spouse married out of community of property with accrual has no ownership rights in the other spouse’s property during the marriage.

Judge Anna Kgoele held:

“The current legal position does not provide for the woman’s continued occupation of the property pending divorce. The right that she has is a contingent right to share in the value of the accrual determined at the dissolution of the marriage.”

What Does “Contingent Right” Mean?

If you are married out of community of property with accrual:

• Each spouse owns their own assets separately

• You do not co-own your spouse’s property

• You cannot stop your spouse from selling their property

• You only get a financial claim when the marriage ends

• That claim is for a share of the growth (accrual) of the estate

This means:➡ You can lose your home even while divorce proceedings are ongoing➡ You may be left without accommodation➡ Your only remedy is a future financial claim

Why This Case Is a Warning to Divorcing Spouses

Many spouses wrongly believe:

• “It’s the family home — he can’t sell it.”

• “I can stay until the divorce is final.”

• “The court will protect me automatically.”

This case proves otherwise.

Without urgent legal protection, you could:

• Lose your home

• Be evicted by new owners

• Be forced into expensive litigation

• Lose bargaining power in settlement negotiations

What You Should Do If You’re Facing Divorce

If you are married out of community of property and living in your spouse’s property, you should urgently get legal advice to explore:

Interim maintenance applications (Rule 43 Applications), Occupation orders, Interdicts (in appropriate cases), Settlement negotiations, Property protection strategies.

Timing is everything. Once the property is sold, your options become very limited.

Speak to a Divorce Attorney Before You Make a Costly Mistake

At Rudolf Buys & Associates Attorneys, we assist clients with:

✔ Uncontested divorce✔ Contested divorce✔ Child custody & parenting plans✔ Maintenance claims✔ Property and accrual disputes

We explain your rights clearly and help you protect what matters most.

Book a Confidential Consultation Today

The decisions you make now will affect you for years. Get legal advice before it’s too late.