How to terminate a Joint - Ownership Agreement in Zimbabwe

Most joint-ownership arrangements in Zimbabwe are by agreement in terms of which the parties set out their respective rights and duties in respect of the joint property. More often than not this agreement, will also regulate the termination of the joint-ownership agreement in Zimbabwe.

For instance, it would be hard for anyone to continue in joint ownership of property which is the subject of conflict or dispute. Or where there is a change of circumstances, deterioration in the relationship of the co-owners or a change in financial goals between the parties. The simple point is that co-owners cannot be forced to remain indefinitely bound to co-ownership of property against their will. see Robson v Theron 1978 (1) SA 841 (A).

Co-owners can by agreement decide and sell the joint-property by private treaty or by public auction and share the proceeds equally. Secondly, one of the co-owners can buy out the other co-owner at a fair market price. Thirdly, the co-owners can by mutual agreement decide on how to proceed. Where however, an agreement cannot be reached, the parties can petition the court to compel the division of the jointly owned property. In so doing, the court has a wide equitable discretion when ordering division. see Erasmus v Pienaar 1984 (4) SA 9 (T).