Evicting spouse from marital home

Evicting a spouse

Can spouses evict one another from the marital home? Can one spouse evict the other from the matrimonial home? No. A spouse is not a tenant, even if the marriage is out of community of property and one spouse owns the home outright. Spouses have a duty of support to each other which includes the […]

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Maintenance claim against a retirement fund

Maintenance arrears? Retirement funds are fair game

Can an ex-wife claim maintenance arrears from her ex-husband’s retirement fund? A case came before the Gauteng High Court recently in which a woman had deducted funds from her ex-husband’s retirement funds for child maintenance arrears. The applicant was the ex-husband, who claimed that it was unfair for an application for withdrawal of funds to […]

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Rights of grandparents

Grandparents rights

When parents divorce or die, what rights do grandparents have towards their grandchildren? When couples with children divorce, there is understandably a focus on the arrangements made for the children. A lot of time and effort is spent on ensuring a fair division of care and contact between the parents. Unfortunately, the rights of grandparents […]

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