.386 The Matrimonial Property Bill. 2013 including(a) ·the customary law relating to dissolution of marriage; ~ivorce or (b) the principle of protection of rights of future generations to community and ancestral land as provided for under Article 63 of the Constitution; and (c) Special provisions relating to matrimonia~ property . the principles relating to access and utilization of ancestral land and the cultural home by a wife or wives or former wife or wives. 12. (I) An estate or interest in any matrimonial property shall not, during the subsistence of a monogamous marriage and without the consent of both spouses be alienated in any form, wh"ether by way of sale, gift, lease, mortgage or otherwise. (2) A spouse in a monogamous marriage, or in the case of a polygamous marriage, the man and any of the man's wives, have an interest in matrimonial property capable of protection by aaveat, caution ·or otherwise under any law for the time being in force relating to the registration of title to land or of deeds. .. (3) A spouse shall not, during the subsistence of the marriage, be evicted from the matrimQnial home by or at t~e instance of the other spouse except by order of a court. (4) Subject to subsection (3), a spouse shall not be evicted from the matrimonial home by any person except(a) on the sale of any esta~e or interest in the matrimonial home in execution of a decree; (b) by a trustee in bankruptcy; or