Division of a family home can be done with the consent of spouses or a court can decide how it should be divided.

A woman, who has been married for 12 years, is worried that her husband is going to sell the family home and she is not going to get her fair share or entitlement. "We have been married for 12 years, and last year my husband served me with divorce papers," the woman said.

Planning to sell the house

"He has moved out of the home, since 2006, because we were not getting along. I continue to live in the house but one of his relatives told me recently that he is planning to sell the house and go abroad to live.

"My name is not on the title but he bought the house two years after we got married. I assisted him in paying the mortgage and making other contributions to the upkeep of the home.

My fair share

"There was a time when my husband was not working, for almost a year, and I alone had to pay the mortgage, bills and buy food for both of us. We do not have any children."

"What can I do to prevent this man from robbing me of my fair share of the property? I cannot sleep at nights because I am very worried," the woman said.

The Property (Rights of Spouses) Act, which was passed in 2004, makes provision for the division of property belonging to spouses.

Consult a lawyer

You should consult a lawyer so that your interest in the property can be protected. Your lawyer can lodge a caveat against the title, which will prevent him from transacting any business without your knowledge. An application can also be made to the court to restrain your husband from hindering you from getting your entitlement.

Section 21 of the the Property (Rights of Spouses )Act states in part that "where the court is satisfied that a disposition of property is about to be made in order to to defeat the claim or rights of any other person under this Act".

On an application being made, the court can grant a restraining order and also order that any money paid, in relation to the sale of the property, must be paid into court.

There will be a valuation of the property and the court will hear evidence and make an order as to how the property must be divided between the parties.