How do marriages in and out of community of property affect signing capacity?

Author
Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

Married in community of property

  • Joint estate
  • Spouses are required to sign the Offer to Purchase, alternatively, a spouse can consent to the other signing when Selling or Buying a Property.

Q: one spouse acquired property prior to the marriage, and subsequently gets married in community of property, who owns the Property?

A: The new spouse automatically becomes a co-owner of the property and no transfer is required.

Married out of community of property

  • Individual estates
  • Spouses may Buy or Sell Property in their own names, the signature of the other spouse is not required.

Q: If the one spouse bought property, prior to the marriage out of community of property, who does it belong to?

A: The individual estate of the Spouse who bought the property.

It is important to know the marital regime of Parties when buying or selling of Property to ensure a valid OTP.

By Chana Finger from Kruger Attorneys & Conveyancers Inc

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