Mr and mrs mopeli were married out of community of property with application of the accrual system in 2015. mr mopeli is a surgeon in a private medical practice. mrs mopeli is a lawyer, but she left her legal practice when she married mr mopeli and has, ever since, maintained the household and looked after the spouses’ children. mr mopeli works long hours. to pass the time between procedures he has started gambling online and has developed a gambling addiction. to hide his gambling from mrs mopeli, mr mopeli has incurred large gambling debts. he has started selling his assets without consulting mrs mopeli to pay for his gambling debts. mrs mopeli has no assets of her own. when mrs mopeli discovers that assets are disappearing from the matrimonial home she confronts mr mopeli. mr mopeli tells mrs mopeli that it is none of her business what he does with his own assets. advise mrs mopeli whether mr mopeli is correct and that there is nothing she can do to prevent him from selling his own assets, as alleged by mr mopeli, or whether there are any statutory steps she can take to protect her interests. fully explain and substantiate your answer.

Question: Mr and mrs mopeli were married out of community of property with application of the accrual system in 2015. mr mopeli is a surgeon in a private medical practice. mrs mopeli is a lawyer, but she left her legal practice when she married mr mopeli and has, ever since, maintained the household and looked after the spouses’ children. mr mopeli works long hours. to pass the time between procedures he has started gambling online and has developed a gambling addiction. to hide his gambling from mrs mopeli, mr mopeli has incurred large gambling debts. he has started selling his assets without consulting mrs mopeli to pay for his gambling debts. mrs mopeli has no assets of her own. when mrs mopeli discovers that assets are disappearing from the matrimonial home she confronts mr mopeli. mr mopeli tells mrs mopeli that it is none of her business what he does with his own assets. advise mrs mopeli whether mr mopeli is correct and that there is nothing she can do to prevent him from selling his own assets, as alleged by mr mopeli, or whether there are any statutory steps she can take to protect her interests. fully explain and substantiate your answer.

Mr Mopeli is incorrect in his assertion that Mrs Mopeli cannot prevent him from selling his own assets. While each spouse retains ownership of their own assets in a marriage out of community of property with the accrual system, there are statutory steps that Mrs Mopeli can take to protect her interests.

• Apply for an interdict: Mrs Mopeli can apply to the court for an interdict to prevent Mr Mopeli from selling any further assets without her consent. An interdict is a court order that prohibits a person from doing a specific act.
• Claim for reimbursement: If Mr Mopeli has used joint funds or assets to pay off his gambling debts, Mrs Mopeli can claim reimbursement for her share of those funds or assets.
• Seek protection through divorce proceedings: If the marriage breaks down, Mrs Mopeli can seek protection through divorce proceedings. In divorce proceedings, the court will take into account all of the circumstances of the case, including Mr Mopeli's gambling addiction and the sale of assets without her consent, when dividing the assets of the marriage.

It is important for Mrs Mopeli to consult with a family law attorney to discuss her specific circumstances and determine the best course of action to protect her rights and interests.

Here are some additional points to consider:

• The accrual system is designed to ensure that the growth of each spouse's estate during the marriage is shared equally upon dissolution of the marriage. However, Mr Mopeli's gambling debts and the sale of his assets without consulting Mrs Mopeli could affect the size of her accrual.
• If Mr Mopeli is declared insolvent, Mrs Mopeli may be able to claim a portion of his assets through his estate. However, this will depend on the specific circumstances of his insolvency.
• Mrs Mopeli should also consider taking steps to protect her own financial interests, such as opening a separate bank account and keeping track of her own income and expenses.

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