Chizgold:
Have you ever made a statement such as:

“If a man doesn’t want to continue with the marriage, he should not beat his wife, he should send her back to her father” or “Instead of beating her, send her back to her father’s house”

If you had, then you are wrong, and I will explain why. Before I do that, I want you to consider the following alternative reasoning:

“If the woman doesn’t want the marriage anymore, she should send him back to his mother”

Of course, such statement would be ridiculous. But that is also how ridiculous it is when you think you should send the woman back to her father’s house.

This is the law: When a man and woman get married and they begin to live together, the place they live together is called their matrimonial home. That is where they live as husband and wife. The husband is not a landlord of the wife and the wife is not a tenant of the husband. Neither is landlord nor tenant. They are husband and wife and the place is their matrimonial home. It does not matter whether the man built the house before he married the woman. It is their matrimonial home.

Therefore, none of them can send the other out of their matrimonial home. It is the court and the court alone that will determine who stays and who leaves. Even if you built the house way before you married her, you cannot ask her to leave. And you cannot think of sending her back to her father. That is so so stupid and it is totally against the law. She is not a child. Your wife is not a child. So, you cannot send her back to anybody. She does not belong to her father’s house. She has left that house and established her own house with you. And that is her home.

Now, what will you do if you are fed up with your wife? Simple: pack your bag and leave. The court will eventually determine who should stay in the matrimonial home and who should go. Alternatively, if you are wise and rich, you call your wife and say:

“I have got an alternative place for you. It is comfortable and well-located as this one. I think I should stay here while you move over to the other house because I have got my office here and it will cost me a lot more to move than it will cost you to move.”

If she wants, she will agree. Otherwise, she has the right to say no. In that case, you should leave and wait for the court to direct her to move into the alternative home.

Any idea that the man can tell his wife to leave their matrimonial home is stupid and unlawful. As far as living in that house is concerned, the man has no greater right than the woman. Now, don’t get me wrong. The house may actually be owned exclusively by the husband if he had that house before he married you. That is his house. The house will not suddenly become the wife’s house.

WomanOfRace:
After God, the woman, the man is a part timer. He is the head of the family but the woman runs the home.

Acidosis:


After God, the woman?

and the man is the head of the family?



You're confused.

Richy4:
Hmmm!!!!The whole write up reeks of western culture....

<<<I just have a question here...So a man that inherited an ancestral home will vacate the home that they have been living for decades for the wife and look an alternative living arrangement if they do not want to live together anymore because according to you it's their "matrimonial home"?

<<<Some of the things you guys post on African website are not really African ways of life...It might have been working for the westerners because that was their culture and ways of life...Certain law can uphold in Britain for example but will not hold water in any other nation

Richy4:
Hmmm!!!!The whole write up reeks of western culture....

<<<I just have a question here...So a man that inherited an ancestral home will vacate the home that they have been living for decades for the wife and look an alternative living arrangement if they do not want to live together anymore because according to you it's their "matrimonial home"?

<<<Some of the things you guys post on African website are not really African ways of life...It might have been working for the westerners because that was their culture and ways of life...Certain law can uphold in Britain for example but will not hold water in any other nation

WomanOfRace:


Bro, you are the confused o... in running a home. You didn't see where i mentioned the man is the head of the family while the woman takes care of home?
hmmn

Chizgold:
Even in the so called western culture the woman can not take an inherited property because it not part of a community property... Any property before marriage is considered personal property, while everything acquired during marriage is considered as community property which will be shared 50/50

cococandy:
Gifts and inheritance aren't part of community property in marriage.
They belong in the family from where they came or to the person to whom they were given.

Otherwise every other thing is community property to be shared 50/50 or in whatever ratio is deemed fair by the court depending on responsibility,past sacrifices and earning power of each partner (other factors may apply too)

Mostly Fair. Elegant. 21st century humanity.
None of the archaic, patriarchal, ego-satisfying BS that doesn't consider .

Plain sensible if you think about it.