Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Courts will hold you to a promise to pay

Jones v Jones (2472/2020) [2021] ZAECPEHC 42 (16 August 2021)

The parties in this judgment used to be married. After their divorce in 2002, they kept close ties, Mrs J allowing her ex husband to use money owing to her in terms of the divorce (upon the sale of their joint properties), to purchase a new property. In 2014 he undertook to share the balance of the proceeds from the sale of the new property with her. Fast forward to 2020 when the property was sold. At this stage Mr Jones was no longer inclined to share the proceeds of the sale and argued that the 2002 divorce order debt had prescribed. Mrs J, however, premised her claim on the later undertaking which constituted a new debt and which became claimable, she argued, on transfer of the property in 2020.

Summary of the Judgment
The Judgment

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