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Posts Tagged 'marriage in community of property'

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A Marriage Date Without the Spousal Debt

It is not uncommon that at the behest of a moment of deep romance, parties in romantic relationships find themselves making decisions which have far reaching implications pertaining to their individual estates, when a marriage is eventually concluded.

Sole Mandate Agreement and Marriage in Community of Property

In August 2018, the Western Cape High Court provided an answer to the question which asked if only one spouse married in community of property may sign a sole mandate agreement with an estate agent or agency.

Marriage in Community of Property - Types of Spousal Consent

Marriage in community of property is a type of matrimonial regime which joins the estates of the two spouses into one estate of equal shares.

Therefore, the couple who marries in community of property owns the joint estate together and the estate can only be divided should the couple choose to terminate the marriage.

A divorce case relating to the forfeiture of assets

In the case of one couple who were married in community of property, the wife (plaintiff) filed a claim for forfeiture of her husband’s (defendant) patrimonial benefits in terms of section 9(1) of the Divorce Act. 

Divorce and the forfeiture of assets

In the past, if your were responsible for a marriage being wrecked then you could not benefit financially from it and your partner would, therefore be granted a forfeiture order. 

Marriage in community of property and how to change this

Without a doubt, being married in community of property is a much cheaper matrimonial regime for couples to enter into. 

Although it is also the most popular matrimonial regime to enter into (by default), it does come with many disadvantages. 


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