The divorce order does not mention the property

The housing authority has inspected the divorce order but there is no reference to the property. In this case, the housing authority must attempt to make contact with or trace the beneficiary who is not in occupation.

The housing authority must inform both beneficiaries that the divorce order does not reference the property, and must request that the beneficiaries reach a settlement as to what should happen. The beneficiaries need to specify this settlement in writing and sign it in front of two witnesses.

Once a settlement has been reached and the settlement document has been forwarded to the housing authority, transfer can proceed in line with the settlement agreement.

What role should the housing authority play in helping divorced parties reach a settlement? The housing authority has no official mandate to assist parties to reach an agreement and may not have the capacity or skills to facilitate this interaction. However, the housing authority should refer beneficiaries to family lawyers or counselling services that operate in the area. Some options include Family Law Clinic (http://www.familylawclinic.org.za/legalhelp.html) and (add others)