Answer to Question #198150 in Law for wendy

Question

mr sisulu and mrs sisulu are married for 8 years,civil marriage with accrual system.they have a child she is 10 living with a mental and physical disability and mrs sisulu left her job to take care of their child.Mr sisulu inherited a house and he adabted it to accomodate the child now he wants to evict his wife out of the hose,advice mrs sisulu on the matter.

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.