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Property decisions in divorce require careful planning

“It’s crucial that you take your time when selling a property.”

Divorce is never an easy decision, and when shared property is involved, it becomes even more complicated.

Adrian Goslett, the CEO and regional director of REMAX Southern Africa, explained that when approaching the property side of a separation, the best option usually depends on several factors.

“This includes; affordability, bond obligations, the presence of children, and whether one or both parties want to keep the home long-term.
“The first option is selling the property and splitting the profits. This is often the most straightforward option, especially when neither party can financially afford the property alone, or when both want a clear financial separation.

“Selling the property can allow both parties to settle any outstanding bond, divide any equity fairly and have a fresh start with fewer shared financial ties,” Goslett said.

He advised that the timing of the sale is important.
“It’s crucial that you take your time when selling a property. Rushed sales can sometimes lead to lower offers, particularly if the property is not properly prepared or priced. Working with an experienced property professional can help ensure the home is positioned well and sold at fair value.”

According to Goslett, another possibility is for one spouse or partner to buy out the other.
“This option is often considered when one party wants stability, especially if children are involved and staying in the same environment feels like the best solution. In a buyout arrangement, the person keeping the property usually compensates the other for their share of the equity.”

Also Read: Thousands of objections flood City of Ekurhuleni over new property valuations

However, buyouts require careful financial consideration, he said.
“The remaining owner must qualify for the bond in their own name, and the property may still need to be formally transferred into their name through a conveyancer and registered at the Deeds Office. It’s also important to factor in the cost of ownership, including conveyancing and potential transfer costs, along with the ongoing expenses of ownership, such as rates and taxes, levies, maintenance and insurance.”

The third option is jointly keeping the property, at least for a short period.
“Some separating couples choose to temporarily hold onto the property, especially if the market conditions are not ideal for selling, or if they are waiting for a better moment to make a longer-term decision.”

“While this approach can work under the right circumstances, it requires clear communication and legal agreements. Both parties remain financially tied to the home, and disagreements can arise over who pays for what, who deals with maintenance and how decisions are made. If the relationship is strained, jointly keeping the property can prolong conflict rather than relieve it.
Goslett advised that professional support can make a significant difference during this process.

Also Read: Building plans: There are no shortcuts warns CoE, property experts

   

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Lebohang Pita

Lebohang Pita is journalist for the Benoni City Times. He covers sports and general news for the newspaper. He also writes a bi-weekly column called The Corner Flag, which covers a range of sports-related topics.

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