My case is relatively simple, although the history of the last few months have complicated the situation.
I have been married under “”community of property” in Zimbabwe in 1998. We are currently divorcing since Nov 2015. The litigation is endless because my wife to be ex is acting very irrationally.
We have 2 properties : a house and a plot (and also 2 children). We have been separated for 7 years in a friendly manner for the first 5 years.
We have been separated for 7 years in a friendly manner for the first 5 years. Since then, we have been trying to sell both properties.
I am still living in the co-owned property and pay my wife a rental.
4 months ago, I received an OTP largely above market value (R4.2M). This is the first legal offer we have received since 2011!
My wife has indicated in writing that she was favourable to the offer and at the same time send a counter offer with a divorce settlement within the OTP. Clearly she tried to force me to accept her conditions before signing the OTP. As her financial proposal was not substantiated and her custody offer was against the wishes of the children, I refused to accept. Although the OTP deadline has passed, the prospective buyer is still interested in buying the house (but not in our divorce settlement).
Since then, my lawyer and I have tried for a roundtable meeting but my wife cancelled at the last minute. In fact, she also fired her lawyer (a very reputable firm in CPT) because she did not agree with her lawyer advising her to sign the OTP without mixing the divorce settlement within.
In her last consent paper, she claims a totally unsubstantiated amount of R600K and I claim a justified amount of R200K. The difference can be covered by the plot we still have in common (R850K). Lawyers have also suggested to keep the amount of the sale in the conveyancer trust until a settlement is reached… in order not to miss the sale.
We are both out of cash and I need to move urgently to Namibia where I am immigrating.
My lawyer keeps telling me that the High Court might not force her to sell the house, before the divorce is settled. But she is the one delaying the finalisation of the divorce and not agreeing to meet for mediation/facilitation/arbitration. This is a catch 22!
Now she prentends that she has another potential buyer but that person can onl;y view the house in mid jan. I can not wait any longer!
If the first buyer sends a new OTP, what are my options to force my wife to sign it.