Removing your former spouses name from the joint Mortgage Bond

01 February 2024 ,  Puleng Valentine Tladi 74

Section 45(2) of the Deeds Registries Act 47 of 1937, is also applicable where parties who were married in community of property to each other, divorce, and one of the spouses acquires the half share of the former spouse, in the immovable property by a divorce court order.

In terms of the above section 45(2) of the said Act, A mortgage bond registered over the property, must either be cancelled, or the former spouses’ estate must be released from liability under the bond and the spouse who has acquired the property must be substituted as the sole debtor under the said bond.

Consent must be obtained from the Bank, for the release of the former spouse’s estate from the liability under the bond, the assumption of full liability for all indebtedness under the bond by the substitution of the spouse who acquires the property, and the substitution of the spouse who acquires the property as the only debtor under the bond.

The Bank will appoint the Attorneys on their panel to do the cancellation or the release.