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Variety of Matrimonial Regimes in South Africa

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In a diverse society like our own, unlike homogenous societies like Japan or South Korea, there are various potential matrimonial regimes you can encounter.

1. Married in community of property

While marriage exists, parties in respect of the joint estate cannot:

1.1 perform any juristic act without the consent of the other spouse;

1.2 sell in terms of an agreement, or sign a mortgage loan agreement without the written consent of the other spouse (can be ratified except where the consent is required to be lodged in the deeds office);

1.3 give transfer or mortgage property in the deeds office without prior written consent of the other spouse.

As section 15 of the MPA does not specifically deal with the acquisition of immovable property, which will enrich the joint estate, the general rule will apply in that the juristic act of purchasing cannot be performed without the consent of the spouse. Because the ALA determines that the sale of land and must be recorded in writing and signed by the parties thereto, it follows that the consent of the spouse to the sale will by necessity also need to be in writing.


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