Judge rules wife can stay on pending divorce
Details of the breakdown of a couple’s 11-year marriage have emerged in a Western Cape High Court judgment which prevents the husband selling the Garden Route house or evicting his estranged wife, notes a Times Select report.
Judge Derek Wille said the wife, described by her husband in court papers as ‘a woman of some considerable means’, was entitled to stay in the Victoria Bay house until the couple’s divorce was settled.
Her lawyer told Wille that after she moved to the house from the couple’s Northern Cape farm and filed for divorce, her husband tried to rent it out, threatened to fetch homeless people and move them in, slept with his girlfriend in the main bedroom, allowed his girlfriend to wear his wife’s nightgown and told his wife to ‘take her panties and toothbrush and fuck off’.
After the wife asked her husband to move out because she was coming home, he allegedly reprogrammed the security system to prevent her entering.
Wille dismissed the husband’s argument that the wife had no right to live in the Victoria Bay house because it was a holiday house, not a matrimonial home.
‘Many married couples have holiday homes, homes in the city and homes in the country, which they occupy together because of the marriage relationship between them. These homes, in my view, are all matrimonial homes because they occupy these homes together as a married couple,’ the judge said.
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