Answer to Question #192524 in Law for Nqobile Blessing

Question

Mr and Mrs Sisulu entered into a civil marriage subject to the accrual system ten years ago. Mrs Sisulu resigned from her job as a teacher after the Sisulus’ only child, Lerato, was born. Lerato lives with severe physical and mental disabilities and requires constant care, which Mrs Sisulu provides to her. Lerato is eight years old now. The Sisulus live in a house Mr Sisulu inherited from his father. The house has been extensively adapted to accommodate Lerato’s needs. Two weeks ago, Mr Sisulu discovered that Mrs Sisulu has been having an affair with the father of one of Lerato’s school friends. Mr Sisulu has instructed Mrs Sisulu to move out of the matrimonial home with immediate effect. Fully advise Mrs Sisulu whether Mr Sisulu may eject her from the house.

Answer 1

Mr. and Mrs. Sisulu are married into civil marriage subject to the accrual system, and

from that marriage, a minor, 8-year-old disabled Lerato was born.

Mr. and Mrs. Sisulu are married into civil marriage subject to the accrual system, and

from that marriage, a minor, 8-year-old disabled Lerato was born.

Mr. and Mrs. Sisulu are married into civil marriage subject to the accrual system, and from that marriage, a minor, 8-year-old disabled Lerato was born. In terms of Marriage Act2 no spouse may eject other spouse from matrimonial home without providing suitable alternative accommodation. Mr. Sisulu cannot eject Mrs. Sisulu within their matrimonial house except the court determine under which circumstance possible for person to eject the other spouse from matrimonial home. Mrs. Sisulu can therefore approach the court for interdict to stop Mr. Sisulu from ejecting her, and if her rights to live in her matrimonial house has been violated already, for example, if Mr. Sisulu denied her access, Mrs. Sisulu may rely on the mandament van spolie for her to access the house.