A Cape Town man who co-owns a house with his ex-wife approached the Western Cape High Court because he wanted to sell his share of the house to her.

The Star reports the pair got married in April 2001 in accordance with Shariah Islamic Law and terminated their marriage in November 2018 under the same law.

Before their divorce, they bought a house together in Goodwood, Cape Town, and lived there with their four children. 

Pursuant to the divorce, the pair concluded that they would continue to co-own the property to maintain stability for the children.

Their agreement went further to state that the property would be inherited by their children in the event of their deaths.

However, sometime in November 2021, the ex-husband approached his ex-wife and asked her to buy his portion. The ex-wife refused and told her former partner to approach the court, which he did.

In his application, he said he wanted the court to terminate the joint ownership of the property and also direct the method of disposal.

The ex-wife refused and said the agreement they made after their divorce was binding. She said the termination of the agreement would cause severe prejudice to her and the children.

Acting Judge Jamie ruled he would approach all arguments in line with the principles that were applied when the couple were getting a divorce.

The Star reports this was in reference to the Muslim Judicial Council.

‘As I have already found, the primary purpose of the divorce agreement, insofar as the property was concerned, was clearly aimed at providing a safe and stable environment for the children.’

He said the parties clearly intended their relationship post-divorce to be regulated by the divorce agreement.

‘In my view, while the co-ownership of the property prior to the divorce was also a bound one, in accordance with the Shariah rules of the marriage between them, it remains so after the divorce,’ said the judge.

Jamie dismissed the application and ordered the husband to pay the costs.

Full report in The Star

Judgment