Reference no: EM133562481

Winona and Harvey married in 2015 in terms of the civil law. They did not conclude an antenuptial contract. After the wedding, they lived together in Harvey's ?at in Cape Town. Harvey had inherited the ?at from his grandfather, who had died in 2013. Harvey moved to Johannesburg in 2022. He had fallen in love with a woman who lived up there. He had also found work in Johannesburg. Winona remained in the ?at in Cape Town. She had no idea about Harvey's "new woman" and did not realize that Harvey was thinking about divorce - Winona just assumed that Harvey had moved to Johannesburg for the work opportunity. The first time Winona realized that there might be a serious marital problem was when she received a message from Mr X. Mr X informed Winona that he was now the owner of the ?at Winona was living in. Harvey and Mr X had entered into a sale agreement in terms of which Harvey agreed to sell the ?at for a price of R 1 million. Mr X had paid the money and the ?at had now been transferred into Mr X's name. Mr X informed Winona that she had three months to pack up and vacate the ?at because he was planning to move into the ?at in December. Winona is very upset. Winona comes to visit you (you are Winona's attorney). Winona has heard from someone that it's possible for wives to have their names put onto the title deed of property owned by their husband. Winona asks you if it would be possible for her to get her name on to the title deed of the ?at so that she can stay there. Advise Winona on her options. Your answer should consider the remedies potentially available to Winona arising from this set of facts. Discuss the applicability of remedies arising from the Matrimonial Property Act ands'or the common law. Explain in full why some legal remedies might be worth pursuing while others might not be possible.