Understanding Your Rights Under South African Law
By Louw & Da Silva Attorneys, Kathu, Northern Cape

In the midst of domestic conflict or marital breakdown, one of the most distressing threats a spouse might face is being told to “leave the house.” But can your spouse legally evict you from your shared home? The short answer: not without due process of law.
Let’s unpack what South African law says about this common but emotionally charged issue.

💼 Who Owns the Property Matters – But It’s Not Everything
If you’re married in community of property: Both spouses are equal co-owners. One cannot simply evict the other without a court order.
If you’re married out of community of property (with or without accrual): Ownership follows title, but even if one spouse is the sole registered owner, you cannot be evicted without legal process.
If you’re in a life partnership or cohabiting: You may have a right to occupy if you can prove a long-term relationship and shared contributions, but this is a more complex legal area and often requires urgent court intervention.

⚖️ Eviction Requires a Court Order
South African law protects occupiers under both the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and common law. Whether you are married or not, no one can be forcibly removed from a home without a court granting an eviction order.
Even if your spouse owns the house outright, they must:
Apply to court for your eviction.
Show that your continued occupation is unlawful or unreasonable.
Prove that it is just and equitable to remove you.

🏠 What If There Are Children Involved?
Courts take into account the best interests of minor children. If you are the primary caregiver or the home is the children’s habitual residence, a court is unlikely to grant eviction easily, unless alternative housing is available.

📌 What Should You Do If You’re Being Threatened With Eviction?
Don’t leave under pressure — once out, it may be harder to get back in.
Document threats or abusive conduct – this may support your case.
Consult an attorney to assert your rights and possibly apply for a protection order or spoliation order.
Apply for interim relief in the Magistrate’s or High Court if urgent.

🛡️ Our Legal Advice
At Louw & Da Silva Attorneys, we’ve represented clients in eviction disputes, divorce proceedings, domestic violence applications, and urgent interdicts across the Northern Cape. Whether you are the spouse seeking protection or the one dealing with a disruptive occupant, we can help you assert your rights within the bounds of the law.

📍 Offices in Kathu, Northern Cape

📞 053 723 3259 | ✉️ angelo@louwdasilva.co.za

🌐 www.louwdasilva.co.za