Family law casts a wide umbrella over various elements, including divorce and custodial rights, for example. However, where does an eviction or litigation lawyer fit into this section of law in South Africa? If you are not clued up on South African family law and you require a professional family lawyer by your side, Eileen Visser Attorneys is your solution in Pretoria.

How Does Family Law Intersect with Property Rights?

• Evictions: When you think of the term “eviction”, your mind immediately jumps to the process of a landlord evicting tenants or property owners reclaiming their land under the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE Act). That said, property law and family law frequently find themselves in the same conversation, especially during high-conflict marital breakdown cases that end up in legal disputes.

• Spouses Are Not Tenants: Under the PIE Act, your spouse is not legally a tenant of your marital home. Therefore, standard commercial eviction processes cannot be employed against your marital partner. By contract, you and your marital partner owe each other a reciprocal legal duty that includes support, the right to housing, and the shared use of all the household goods.

When Does an Eviction Lawyer Step in?

• Pendente Lite Ejectment: When legal divorce proceedings are pending, you or your spouse can apply for an interim ejectment order (pendente lite). For such an order to be granted, the applicant must prove that the current joint occupation is not working out and that it would be in both parties’ best interest (as well as the children, if applicable) to facilitate alternative accommodation solutions for this period.

• Domestic Violence Protection Orders: If you or your spouseis being physically or emotionally abused in your shared home, the process of standard property eviction may be too slow of a solution. This is where an attorney can step in and file for a residence order under Section 7 of the Domestic Violence Act. This can serve as an emergency safety shield for the party that is being abused, legally barring the abusive party from the marital home. However, they still preserve their long-term property and asset rights.

Eileen Visser Attorneys is your first choice in a family lawyer in Pretoria. We can also assist with eviction cases that relate to family law. If you need our legal assistance or would like to inquire about our legal services, feel free to contact us today. Get peace of mind when it comes to family law with us by your side.