KANOYANGWA v KANOYANGWA 2011 (1) ZLR 90 (H)

Flynote

Family law “ husband and wife “ divorce “ division of property “ immovable property registered in joint names “ when division other than a 50:50 split may be ordered

Headnote

The parties were husband and wife. The husband sued the wife for divorce; she counter-claimed for a 50:50 division of a house that had been bought and registered in the joint names of the parties. The plaintiff argued that, as the property and the transfer fees were paid for entirely from his retrenchment package, the defendant did not deserve a 50 per cent share.

Held, that where, as in this case, the immovable property is registered in the joint names of the spouses, this fact must be recognised as a starting point, because where a property is registered in joint names the presumption is that it is held in equal shares unless proved otherwise. In order to take a spouse's share and transfer it to the other, there ought to be some solid ground for so doing. Here, the plaintiff's retrenchment package was not the couple's savings over a period of time. It was not like a loan where repayments would be needed and whereby during the period of repayment the defendant would take care of some aspects to cushion the plaintiff. This was a case where the defendant's share could be tempered in favour of the plaintiff and a 65:35 split would be appropriate.