A big problem for women is that they might lose their houses when they divorce. There are some things women can do to make sure that they and their children have a place to stay.

Bought Houses

When a couple buys a house it is a good idea to have the house put in both names. If married in community of property, the house has to be registered in both names.

In a divorce situation, it is important that the person who has care of the children is given a sole right to stay in the house until the children are grown up and that at that stage it be sold and the profits divided between the two parties. Alternatively, the person who is the primary carer of the children keeps the house instead of sharing in some other assets such as a pension fund interest. If the parent with only contact rights keeps the house, then the other parent (who has care) should ask to be paid out half the value of the house. Alternatively, the house can be sold and profits shared in half.

In the case of Solarie v City of Cape Town, Cape High Court number 26186/09, Ms Solarie challenged the former housing policy of the City of Cape Town to register houses in the name of the husband only when spouses married according to Muslim rites applied for housing as a couple. She argued that this position clearly discriminates against women on the basis of gender and religion. The Court held that the policy was inconsistent with the Constitution, as it unfairly discriminated against women and limited women’s ownership of property and constitutional right to access to land. The policy created additional criteria for women to become a property owner, made her vulnerable to eviction, and did not protect her right to security of tenure. The Judge also found that the agreement which gave the ex-husband the sole right to ownership of the property, was contrary to the values enshrined in the Constitution and therefore could not be enforced.

Rented Houses

If you are renting a house and you get divorced, you can ask your landlord to put the house in your name. The landlord will want to make sure that you have enough money to pay the rent, for example that you have a job. If you are renting from a local council, it is a good idea to get the house put into your name.