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Question
Posted by: Alison | 2011/11/06

Prevented from entering house where my son lives

My ex and I own the house 50/50. My son lives with him. He has now elected to stop me from entering the house. Is he allowed to do it? Can I force him to sell or pay out my share based on his actions?

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Our expert says:
Expert ImageFamily law expert

You will have to issue summons to terminate the joint ownership of the property. One also needs to have a look at the divorce order or settlement agreement if there was one when you divorced.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za W: www.divorceattorney.co.za

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Our users say:
Posted by: G-Dad | 2011/11/08

It all depends on the divorce order, if you were not married then you have to get a court order to force a settlement of your share, only the high court can make such an order.
If you do not live in the house then you can not come and go as you pleases, you can give him written notice of a date and time to inspect the premises as you are a part owner, but he has the right to refuse you visitation access, he can get a protection order to stop you from entering the house if it become a problem.

I suggest that you deal with this as soon as possible, unless other wise stated in a current divorce order, get the courts to force him to pay you out for your share.

Reply to G-Dad
Posted by: family law expert | 2011/11/07

You will have to issue summons to terminate the joint ownership of the property. One also needs to have a look at the divorce order or settlement agreement if there was one when you divorced.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za W: www.divorceattorney.co.za

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