, PVL2601 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE April 2025
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 the community of
property that occur in South Africa.
(3)
(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.
(7)
[10]
Semester 1 2025 - DUE April 2025
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 the community of
property that occur in South Africa.
(3)
(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.
(7)
[10]
