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Exam (elaborations)

Exam (elaborations) pvl 2601

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PVL 2601

ASSIGNMENT 2

SEMESTER 1 – 2025



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, Question 1

Mr and Mrs Mkhize have been the parties to a civil marriage since 15 June 1977. The

spouses never made a declaration before a magistrate, commissioner or marriage

officer on the matrimonial property system that would operate in their marriage. In

January 2025, Mr Mkhize informed Mrs Mkhize that he was no longer happy in their

marriage, and he proposed that it be ended. In the divorce summons, he indicated that

all the matrimonial property belongs to him alone because he owned some of the

property when the spouses married and bought the rest of the property during the

subsistence of the marriage.

Answer the following questions:

(a) List the main variations of marriage out of community of property that occur in

South Africa.

(b) Is Mr Mkhize correct that all the matrimonial property belongs to him alone? Answer

‘Yes’ or ‘No’, and explain your answer with reference to authority.
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