I have a joint bond with my ex.
Initially we have agreed on selling the house. Now we have an offer to purchase and she is refusing to sign. She is not contributing in repayments.
What action can I take?
Nicky Campbell, consumer law expert and MD of the SA Law Centre, responds:
Where a joint bond is concerned, both mortgagees are jointly and severally liable for the bond in its entirety. This means that should one party want to sell the property and the other refuses to give permission for the sale, the former party will have to secure the consent from the other party.
Alternatively, if the parties are divorced, the joint ownership of the property ought to have been addressed in the divorce decree.
The other alternative where the consent of one party is withheld is for the party that is servicing the bond to stop making payments towards the loan.
Unfortunately, this will result in legal action being taken against both parties but will alleviate the burden of the one party being saddled with the bond repayments.
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