Botswana - Apply for Division of Property (Divide a Property)

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Procedure

Apply In-Person

1. The traditional or customary courts will execute the division of property, inclusive of matrimonial property. In the case of marriages, this happens once the divorce has been finalized or the marriage has been dissolved (decree nisi). In the case of non-customary marriages, its involvement would be based on a referral from the High Court. Botswana Justice Courts Contacts details
2. Anyone interested in accessing this service should visit the traditional or customary court within his/her parish and submit either the hand-written complaint or a court order, attached to the supporting documentation to the court clerk.
3. In the absence of a court order, the complaint must be as specific as possible, orally done, giving full details of the defendants including names, addresses, and phone numbers.
4. Upon receipt of the application file, the court clerk will verify that all the necessary information and documentation has been provided and that the applications comply with the selection criteria before registering the file for processing by the competent court.
5. The court clerk shall set a date for the case hearing and issue a summons for an appearance by all parties. Appearance could be at the court or other appointed venue.
6. At the appointed date and time, all parties involved should avail themselves at the appearance venue to plead their case.
7. The ruling (judgment) will be hand over by the court officer proceeding with the case and the properties in question will be divided per the ruling.

Note:

• The Service Document (ruling order) would be returned to the higher court (High Court or Customary Court of Appeal) to be registered and filed.
• The division of property could be amongst any property owners, not just married ones.
  

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Required Documents

• An order of the High Court (not needed for persons in customary marriages).
• Valid National Identification (Omang).
• List of property (in the case of marriages, each party must-have list. In all other cases, just the aggrieved party needs a property list).
  

Office Locations & Contacts

Botswana Justice Courts Contacts details

Eligibility

Any Botswana citizen is eligible to apply.

Fees

No fee associate with the service.

Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

The time frame processing the application varies by case, and in the case of high court referrals, is dependent on the High Court order.

Related Videos

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Instructions

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e.g. The state office holds birth records since january 1908.

Required Information

• Full name of the parties involved
• Contact details
• List of properties
• Residential address
• Identification document details
  

Need for the Document

The traditional or customary courts execute division of property, inclusive of matrimonial property. The division of property could be amongst any property owners, not just married ones.

Information which might help

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

• Gov.BW
  
• BW. Justice
  

Others

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