MONEY CLINIC | I want to sell the home my ex and I still live in. How do I go about it?

A Fin24 reader currently living on the same property as her ex-husband and adult children wants to know how to go about selling the house as she is under debt review.

She writes: 

Please advise: I am divorced although my ex and I have not yet sold and shared the house proceedings. The house is fully paid off. I have made some renovations to the house and yes, we were married in community of property. He tried to scam me by forging my signature and selling the house on auction, which I had to fight in getting reversed. 

I am now under debt review and I would like to sell the house we both occupy, although he occupies the cottage while I live in the house with our adult kids (he chose to use the cottage). I am living a difficult life with him being there. What can I do to solve this problem?

Liad Hadar, Director at Hadar Incorporated Attorneys & Conveyancers responds: 

Dear Reader

As you were married in community of property, the house would have formed part of the joint estate at the time of your divorce decree. We would require more information regarding the division of the assets from the joint estate at the time of your divorce, as this makes a difference on the advice.

That being said, on the assumption that you are the registered owner of the property, insofar as you are under debt review, you should approach your debt counsellor to help you plan your financial affairs, including the sale of the house. Nothing in terms of debt review precludes you from selling it.

Depending on your answer to the above regarding the division of your assets, be aware that you may have to split the proceeds with your ex-husband as your joint estate would have owned the asset.

Compiled by Allison Jeftha.