SCA denies plea for matrimonial home

A WOMAN'S effort to remain in her matrimonial home, from which she had been evicted, came to an end as she sought legal recourse during ongoing divorce proceedings.

- CHEVON BOOYSEN

Despite her attempts to secure further occupancy, the home had already been sold.

The Supreme Court of Appeal (SCA) reviewed her application for reconsideration and upheld the ruling made by the Western Cape High Court.

The divorce proceedings of the couple, who were married out of community of property under the accrual system, have yet to conclude, having begun in June 2010. In those proceedings, the wife claimed payment of half the difference in the accruals of her and her estranged husband's respective estates, as well as lifelong spousal maintenance.

The property was purchased by the husband in 2003. Although he was the sole registered owner, it served as a family home until it was sold in March 2022.

The couple's daughter lives on the property and operates a livery and horse-riding school there, and this business was joined as the second applicant in the current proceedings.