My husband and I are in the process of a...

Asked by Kelly on 14-02-2021 22:31:12
Question posted in the General Law category relating to Gauteng

My husband and I are in the process of a volatile separation. Despite a record of infidelity, I have tried to retain an amicable attitude, as we have two children aged two and a half years and eight months. However he is increasingly irresponsible and I found an air pistol with brass ammunition in the garage, easily accessible to not only my young son but to other children who reside on the property. This was the final straw. I cannot continue to allow him to do anything that can harm my children. I spoke to him and told him that he was no longer welcome at the house and should make alternative arrangements. He had more than 24 hours notice and agreed that he would not return to the house. I further made arrangements for him to collect all his personal belongings once he returned from his two day trip. He agreed to move back with his parents. He is now belligerent and threatening me that I may not deny him access to the house, even though I feel intimidated and afraid. I haven't denied him access to the children, although I have asked that he make specific arrangements to limit the disruption to their daily schedule. Please advise? The house is rented and the lease is in both our names, but I pay the rent and have proof thereof

Information Requested by Lawyer

Posted by Att. Patrick on 15-02-2021 09:05:08

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 15-02-2021 09:11:50

So in relation to the lease agreement, if your husband lives in the property with you (i.e. it is his home) and especially if his name is on the lease agreement (i.e. he actually has the legal right to live there) then I don't understand on what legal basis you are kicking him out. This would amount to an illegal eviction of him from his home. 

It does not matter who is actually paying the rent. 

It is one thing asking him to leave and him going quietly, but it is another thing to kick him out and forcing him to leave.

If you truly feel intimidated and afraid, for your life, then what you can do is to go to SAPS and apply for a domestic violence protection order. But note, this will also surely signify the end to your marriage.

I think that perhaps he is being belligerent and threatening because you are trying to deny him access to the house. In my opinion, continuing to make this threat (and going through with it) will just cause issues for you guys to deal with.

I think what you guys need to do is to try marriage counseling, because if you can get past the infidelity, you should really try to work on the marriage - for the good of the children. Is having an air pistol in the garage really worth your marriage?

Furthermore, you have the right to get divorced, if you so wish, and if you are of the firm belief that the marriage has broken down without being able to be saved.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

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