PVL2601 Assignment 2 Semester 1 Memo | Due April 2025

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PVL2601 Assignment 2 Semester 1 | Due April 2025. All questions answered. 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.
(3)
(b) Is Mr Mkhize correct that all the matrimonial property belong to him alone? Answer
‘Yes’ or ‘No’, and explain your answer with reference to authority.
(7)
[10]
Question 2
Mr and Mrs Deli entered into a civil marriage in community of property in 1983. Three
children were born of the marriage: two sons, Irvin and Shaun, and a daughter, Camila.
Mr Deli died in a car accident five months ago. At the time of Mr Deli’s death, Mr and
Mrs Deli’s joint estate had a value of R1 million. Mr Deli died testate. His will reads as
follows:
‘I leave 30% of my estate to my wife. 50% of my estate is to be shared equally
among the children born of my marriage. I leave the remaining 20% of my estate
to Ms Betty, my lover.’ No further provision has been made for Mrs Deli in Mr Deli’s will. Mrs Deli is 50 years
old and has been a housewife for the duration of the marriage. She fears that she will
be unable to maintain herself from the money she is entitled to according to the will
and in terms of the matrimonial property system according to which she and Mr Deli
were married.
Mrs Deli approaches your law firm and seeks legal advice as a widow. With reference
to legislation and case law, advise Mrs Deli whether she can claim maintenance from
Mr Deli’s estate and, if so, which factors will be considered in determining her claim.
You need not discuss the ways in which her claim, if any, can be disposed of or be
settled.