‘Family houses’ don’t exist in law and it is creating chaos among families

This article discusses the widespread problem of disputes over so-called “family houses” in South African townships. Legally, there is no concept of a family house, but culturally and socially, these homes are treated as shared family property. When homeowners die without a will (intestate), the Intestate Succession Act fragments ownership among multiple relatives, creating complex disputes. The article explains that this legal fragmentation is worsened by historical laws like the Black Administration Act and changes following the 2004 Constitutional Court ruling in Bhe v Khayelitsha Magistrate, which extended the Intestate Succession Act to all South Africans. Advice centres often find families shocked at how many legal owners a property may have and struggle with costly legal processes. The article argues for legal recognition of “family houses” as a separate category, which would allow them to be passed down with minimal conflict, and suggests that resolving disputes through family meetings is often the most practical short-term solution.

Abstract based on original resource.