PVL 2601 ASSIGNMENT 1 SOLUTIONS 2021 SEMEMSTER 1
QUESTION 1
During the subsistence of a civil marriage, both spouses are entitled to live in the
matrimonial home and to use the household assets (such as the furniture and
appliances), irrespective of whether they are married in or out of community of
property and irrespective of which spouse owns or rents the matrimonial home or
household assets. This right does not arise because one spouse confers it on the other.
It is a sui generis (that is, unique) and invariable consequence of a civil marriage.
As a rule, the owning or renting spouse may not eject the other spouse from the
matrimonial home without providing him or her with suitable alternative
accommodation. Nor may the other spouse eject the owning or renting spouse.
Because ejectment is an extraordinary remedy it will not lightly be granted.
Matrimonial guilt usually plays an important role, as do the interests of the children
who live in the matrimonial home.151 In this regard it should particularly be borne
in mind that section 28(2) of the Constitution requires that a child’s best interests
must be of paramount concern in every matter that concerns the child.
QUESTION 1
During the subsistence of a civil marriage, both spouses are entitled to live in the
matrimonial home and to use the household assets (such as the furniture and
appliances), irrespective of whether they are married in or out of community of
property and irrespective of which spouse owns or rents the matrimonial home or
household assets. This right does not arise because one spouse confers it on the other.
It is a sui generis (that is, unique) and invariable consequence of a civil marriage.
As a rule, the owning or renting spouse may not eject the other spouse from the
matrimonial home without providing him or her with suitable alternative
accommodation. Nor may the other spouse eject the owning or renting spouse.
Because ejectment is an extraordinary remedy it will not lightly be granted.
Matrimonial guilt usually plays an important role, as do the interests of the children
who live in the matrimonial home.151 In this regard it should particularly be borne
in mind that section 28(2) of the Constitution requires that a child’s best interests
must be of paramount concern in every matter that concerns the child.
