Cheating partner refuses to leave our home as it is in both our names
My partner is having an ongoing affair but refuses to leave our home. We have 3 children and my domestic worker and her husband living on the property. I can’t afford to rent another home whilst paying the bond at the current property. I have asked him to leave and rent a cottage which makes financial sense until we can finalise details but he refuses. I am no longer willing to work on our relationship as the affair is ongoing. Do I have any rights regarding the home and my children for now until we can officially seperate. We have lived together for 25 years but are not married.
Good morning Galya B. The wonderful thing about the South African Constitution is that in terms of it a Court of law can interpret it to promote the common law and sound principles in law and the mere fact that you are not legally married but can be regarded as married in the eyes of the common law gives you a strong bargaining footing in respect of the house and the rights of your and his children (gathered from we have 3 children) However that being said it is not just a question of telling him to leave. I suggest you speak with a lawyer in this regard and attempt to settle the matter as amicably as possible in respect of the children. You have strong rights that are entrenched in the Constitution of South Africa and the common law in respect of the home and your children.