Mr and Mrs Sithole were married out of community of property with application of the accrual system in 2004. Mr Sithole is an engineer and Mrs Sithole is a housewife who looks after the parties’ children. Mr Sithole has turned into a fanatic gambler. He spends most of his income on his gambling and he has also built up large gambling debts. In an effort to pay his gambling debts he has started selling his assets without consulting Mrs Sithole. Mrs Sithole has no assets of her own. When she discovers that assets are disappearing from the matrimonial home she confronts Mr Sithole. Mr Sithole tells Mrs Stihole that it is none of her business what he does with his own assets.
Advise Mrs Sithole on whether she just has to accept what is happening or whether there are any statutory steps she can take to protect her interests. Fully explain and substantiate your answer. In a separate last paragraph also list the common-law remedies that might be available to Mrs Sithole in the circumstances.
Comments
Leave a comment