QUESTION 2 X, who together with Z, Y's wife who are married in community of property, allegedly wrongfully assaulted Y. Y Sustained serious bodily injuries and pain. Y instituted action for both patrimonial and non-patrimonial damages against both of them. X, settles all the damages as a joint wrongdoer. What is true about his recourse against Z and their joint estate (where Z's estate cannot satisfy the claim)?

1. X has a recourse against either Z's separate estate, but not the joint estate between Z and Y.

2. Non-patrimonial damages now form part of the separate estate of Y, and X cannot claim them against the joint estate in terms of S18 of the Matrimonial Property Act 88 of 1984.

3. X has no recourse against Z in that Z cannot wrong her husband she married in community of property.

4. X has a recourse for both patrimonial and non-patrimonial damages against the joint estate.