News
September 2, 2026
“We bought the property together. I’ve paid the bond, the levies and the municipal accounts. He still lives there, won’t let the estate agent in, and now refuses to sell. What can I do?”
This is a question increasingly asked by clients following the breakdown of a relationship!
When couples purchase a property together, they rarely imagine that one day they may be arguing over who gets to keep it or whether it can be sold at all. Unfortunately, when emotions take over, what should be a financial decision often becomes a legal dispute.
The good news is that South African law provides clear remedies.
You cannot be forced to remain a co-owner forever!
One of the biggest misconceptions is that if one owner refuses to sell, the other has no choice but to wait.
That is simply not the case.
Our law recognises that no person should be compelled to remain in a co-ownership relationship indefinitely. If agreement cannot be reached, a co-owner may approach the court to terminate the co-ownership by way of the actio communi dividundo.
The court has wide powers to ensure that the outcome is fair to both parties.
What if only one person is paying for everything?
This is another common scenario.
One former partner continues paying the bond instalments, the levies, municipal rates and taxes, the insurance and other property-related expenses, while the other contributes nothing and, in some cases, continues living in the property.
Depending on the facts, the party carrying these expenses may have a claim to recover the other owner’s share of those costs.
If one owner has enjoyed the exclusive use of the property while excluding the other, there may also be a claim for occupational rent!
What are the options?
Before resorting to litigation, several practical solutions should be explored.
1. A Buy-Out
The simplest solution is often for one owner to purchase the other’s share at market value, based on an independent valuation.
2. Sell the Property
If neither party wishes to keep the property, it can be sold on the open market, with the proceeds distributed after settling the bond and any agreed adjustments.
3. Negotiate a Settlement
Many disputes can be resolved through constructive negotiations facilitated by attorneys before court proceedings become necessary.
4. Approach the Court
Where cooperation breaks down completely, the Court may order:
- the sale of the property;
- the appointment of a person to oversee the sale;
- reimbursement of expenses paid by one co-owner;
- adjustments for exclusive occupation; and
- an equitable division of the proceeds.
Can one co-owner refuse access?
No co-owner has the right to treat jointly owned property as if it belongs exclusively to them.
If one party refuses reasonable access to the other owner or prevents estate agents from marketing the property, the court can intervene and regulate access as part of its order.
The best solution is often the simplest one!
Litigation should generally be the last resort. In many cases, a practical buy-out or negotiated sale allows both parties to move forward without the financial and emotional cost of prolonged court proceedings.
However, where one party refuses to cooperate, the law provides effective mechanisms to protect the rights of the other owner.
Advice
If you jointly own a property with a former partner and cannot reach agreement on what should happen next, don’t assume you are trapped.
Understanding your legal rights early can save significant time, expense and unnecessary conflict.
At Barnard Incorporated Attorneys, we regularly assist clients with co-ownership disputes, conveyancing matters and property litigation. Our objective is always to find the most practical, commercially sensible and legally sound solution for our clients.
Have you encountered a similar situation or do you know someone who has? Share your thoughts in the comments or contact our team for professional advice.
