Being awarded the family home in a divorce settlement may feel like the final hurdle, but there is still an important legal step to take. A divorce order does not, on its own, make you the sole owner of the property or release your former spouse from liability under the mortgage bond. A divorce settlement determines rights and obligations between you and your ex-spouse. It does not, on its own, rewrite your title deed or change your contractual relationship with the bank. This is why a divorce can be finalised while you and your ex remain connected through the same property or home loan. To completely separate your paths, you must follow a formal conveyancing process.

If you are married in community of property, any property that forms part of the joint estate is generally registered in both spouses' names.

Once you acquire your ex’s share in the property through the divorce, you must formally update the ownership. A conveyancer must facilitate the endorsement of the title deed to reflect that you are the spouse entitled to deal with the property. 

Where a mortgage bond is registered over the property, it must also be dealt with as part of this process. Importantly, an agreement between you and your ex-spouse that you will "take over the bond" does not, by itself, release your ex-spouse from liability to the bank. The bank’s consent is required, and you will generally have to qualify for the outstanding loan independently.

In contrast, if you are married out of community of property, your financial estates are legally separate, and the process depends on initial ownership.

Where the home is registered in both of your names, and the divorce settlement awards your ex's share in the property to you, that share must ordinarily be formally transferred to you.

In the case of a bonded property, the existing mortgage bond must similarly be addressed.  Depending on the circumstances and the bank's requirements, this will involve either the substitution of you (the remaining spouse) as the debtor, or the cancellation of the existing bond and registration of a new bond.

A divorce order determines the rights and obligations between the former spouses. It does not, on its own, rewrite the title deed or the contractual relationship with the bank.

A divorce may end the marriage, but it does not automatically untangle the property relationship. Proper conveyancing ensures that the property transfer aligns with the terms of the divorce settlement and that the necessary mortgage bond arrangements are addressed, allowing both parties to move forward with clarity.

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