United Advocates have successfully altered the court of cassation judgement in favour of a client and achieved milestone judgement by freeing a family residential real-estate after it was held to be auctioned for non-payment of debts.
The court of cassation ruled in favour of United Advocates clients and struck down the judgement handed by the court of appeal. The dispute before the court was whether the matrimonial household could be held in an auction to pay for the outstanding debt. Helpful guidance from the judgement can be stipulated. The court of cassation rejected the claim that a property held and used for the purpose of the marital household can be sold for an auction to meet other outstanding obligations unless such obligation has a sufficient link to the property. For example, the marital home was mortgaged.