Where the property being dealt with is property which formerly formed an asset in a joint estate which was dissolved by virtue of an order of court, the contractual capacity of such divorced person will depend on the manner in which the assets were divided in terms of the divorce court order.
If the divorce court order remains silent with regard to the immovable property in question, it is deemed that the court tacitly gave consent to the division thereof and each spouse is entitled to one half share in the land. The former spouses are also always able to jointly sell the property to a third party by entering into a sale agreement.
However, before such divorced spouse may deal with the one-half share to which they are entitled by virtue of the community of property, the provisions of section 45bis of the Deeds Registries Act must be complied with.
Remember to always consult your conveyancer when negotiating a divorce settlement in respect of immovable property for expert property advice.