Western Cape High Court dismisses woman's claim for estranged husband's share of home sale
Image: File
The Western Cape High Court has dismissed a woman's application to access her estranged husband's share following the sale of their matrimonial home.
The estranged couple, who were married for nearly a decade, have been embroiled in legal battles since divorce proceedings commenced in August 2024.
They tied the knot in November 2015 in Bogotá, Republic of Colombia, and are parents to a 9-year-old son.
The husband suffered a stroke when he was 23, and as a result, his parents, who own a fruit export business in Colombia, financially supported him for over 20 years and later extended the financial support to his wife and child.
The wife received a monthly allowance of R90 000 which she used for her personal expenses as well as supporting their child.
The mother-in-law assisted the couple to buy their matrimonial home in Stellenbosch.
However, in June 2023, the relationship began to deteriorate, which led the husband to leave their home in May 2024.
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Following the separation, they decided to sell their home and agreed to share the proceeds of the sale equally.
In August 2024, whilst the matrimonial home was on the market for sale, the husband instituted divorce proceedings, which have not been finalised.
He offered to pay R5 000 towards child maintenance and made no offer towards his wife.
The house was eventually sold and the woman filed an application to have her husband's portion as she sought spousal maintenance and an increased amount for child maintenance.
In his reply, the court heard that the husband's family business in Colombia was undergoing liquidation due to severe economic difficulties caused by the Covid-19 pandemic.
He explained that he did not voluntarily leave the matrimonial home, he said he was barred from entry by his wife and her father threatened with a firearm. He was subsequently compelled to find alternative accommodation.
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Western Cape High Court dismisses woman's claim for estranged husband's share of home sale
A Cape Town woman who wanted to access her husband's portion after selling their home had her application dismissed by the High Court. Image: File The Western Cape High Court has dismissed a woman's application to access her estranged husband's share following the sale of their matrimonial home. The estranged couple, who were married for nearly a decade, have been embroiled in legal battles since divorce proceedings commenced in August 2024. They tied the knot in November 2015 in Bogotá, Republic of Colombia, and are parents to a 9-year-old son. The husband suffered a stroke when he was 23, and as a result, his parents, who own a fruit export business in Colombia, financially supported him for over 20 years and later extended the financial support to his wife and child. The wife received a monthly allowance of R90 000 which she used for her personal expenses as well as supporting their child. The mother-in-law assisted the couple to buy their matrimonial home in Stellenbosch. However, in June 2023, the relationship began to deteriorate, which led the husband to leave their home in May 2024. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Following the separation, they decided to sell their home and agreed to share the proceeds of the sale equally. In August 2024, whilst the matrimonial home was on the market for sale, the husband instituted divorce proceedings, which have not been finalised. He offered to pay R5 000 towards child maintenance and made no offer towards his wife. The house was eventually sold and the woman filed an application to have her husband's portion as she sought spousal maintenance and an increased amount for child maintenance. In his reply, the court heard that the husband's family business in Colombia was undergoing liquidation due to severe economic difficulties caused by the Covid-19 pandemic. He explained that he did not voluntarily leave the matrimonial home, he said he was barred from entry by his wife and her father threatened with a firearm. He was subsequently compelled to find alternative accommodation.
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