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My ex is obstructing the property sale

29 Oct 2014

A Property24 reader asks:

A Property24 reader says her ex-husband will not allow potential buyers access to view the house. What to do?

My husband and I got divorced in 2009 and we have decided to sell our house, but he has not been very cooperative and does not allow potential buyers access to view the house. I really need to sell the house as I need the deposit for a new house in order to move on with my life.

Please could you advise?

Charles Vining, Managing Director of Seeff Sandton and the Law Firm Vining Camerer Incorporated, advises:

You will need to refer to the final order of divorce granted in 2009 as this will set out the procedure to be followed with regards to dealing with the house as it would have been part of the joint estate.  

If the divorce order provides that the property is to be sold and proceeds divided equally or paid to you, this in fact is what needs to take place. 

Your ex-husband is not entitled to obstruct the sale of the property (presuming he is still living in the property) as this conduct would be in contravention of the court order, and you can obtain a court order compelling him to allow show days and access for potential purchasers. 

He needs to be told his obstruction is tantamount to contempt of court.

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About the Author
Charles Vining

Charles Vining

Charles Vining is a practising attorney and the managing director of Seeff Sandton. As a practising attorney in the firm Vining Camerer Inc. he has had experience in resolving most property related matters.

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