KZN couple's divorce escalates into a legal battle over sale of their R6 million home

A KwaZulu-Natal couple embroiled in a contentious divorce was locked in a battle over the sale of their upmarket property in uMhlanga, Durban.

The couple, who have been married out of community of property, initiated divorce proceedings back in 2020 but have continued living together with their daughter. 

Tired of the arrangement, the husband approached the KwaZulu-Natal High Court in Durban, asserting that their living condition has become intolerable, prompting the need for the sale of their shared home.

In court, the husband presented his argument to Judge Rithy Singh, stating that despite multiple attempts to market the property at an initial asking price of R6 million, he was unable to find a buyer.

Frustrated by the lack of interest, he proposed a private auction with a reserve price set at R5 million, granting him unilateral authority to appoint an auctioneer. Additionally, he offered to buy out his wife's share at R3 million if the reserve price was not met.

He further claimed that he has been solely responsible for the running costs of the property with no financial contribution from the wife. Over and above those expenses, he has to pay maintenance for his wife and their child, which has created an unsustainable financial burden.

He said he attempted to market the property at R6 million, after assessing similar property sales in the area. The property, however, did not sell.

In response to her husband's claims, the wife disputed the property's valuation, asserting it is worth over R7.6 million. She proposed that it should be marketed within a range of R6 million to R6.75 million.

She also pointed out that her daughter felt at home in the house due to its pleasant surroundings, and she proposed to buy out her husband instead.

However, Judge Singh noted that should the property fail to sell at the R6 million mark, it would be sensible to lower the price to attract prospective buyers.

Judge Singh expressed satisfaction with the husband’s offer, emphasising that even the R3 million buyout he offered should the house fail to sell, was a fair price and exceeded the proposed reserve price.

"I am satisfied that the applicant (husband) is entitled to bring an end to the co-ownership of the property and the only practical manner in which this can be done is that the property must be sold and the proceeds divided between the applicant and the respondent (wife)...The reserve price is therefore set at R5 million," said the judge.

As part of the ruling, it was also noted that should the property sell for more than the R6 million mark, the wife is to receive R3 million. 

The judge ruled that the husband has the right to determine who will conduct the auction and when it will occur and the property will be sold for R5 million.

"Should the reserve price not be achieved, the respondent’s (wife) half share shall be transferred and registered in the applicant’s (husband) name against payment to the respondent of R3 million," said judge Singh.  

sinenhlanhla.masilela@iol.co.za

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