Section 39: Security of Occupancy for Spouses on Family Land
39.Security of occupancy
(1)Every spouse shall enjoy security of occupancy on family land.
(2)The security of occupancy prescribed under subsection (1) means a right to have access to and live on family land.
(3)For the purposes of subsection (2), the spouse shall in every case have a right to use the family land and give or withhold his or her consent to any transaction referred to in section 40, which may affect his or her rights.
(4)In this section—
"family land" means land—
(a)on which is situated the ordinary residence of a family;
(b)on which is situated the ordinary residence of the family and from which the family derives sustenance;
(c)which the family freely and voluntarily agrees shall be treated to qualify under paragraph (a) or (b); or
(d)which is treated as family land according to the norms, culture, customs, traditions or religion of the family;
"ordinary residence" means the place where a person resides with some degree of continuity apart from accidental or temporary absences; and a person is ordinarily resident in a place when he or she intends to make that place his or her home for an indefinite period;
"land from which a family derives sustenance" means—
(a)land which the family farms;
(b)land which the family treats as the principal place which provides the livelihood of the family; or
(c)land which the family freely and voluntarily agrees, shall be treated as the family's principal place or source of income for food.
(5)For the avoidance of doubt, this section shall not apply to spouses who are legally separated.
Plain English Summary
If you are married, you have the right to live on and use land that is considered family land. Family land includes your ordinary home, land you farm ...
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