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Article: Your marriage contract dictates your rights.(Network)
- Article from:
- The Mercury (South Africa)
- Article date:
- August 5, 2009
CopyrightCOPYRIGHT 2009 Independent News & Media PLC. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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THE marital property regime governing your marriage determines who is required to sign an agreement of sale and the transfer documents in respect of a transfer of immovable property.
In South Africa, you can either marry in community of property or, if the parties enter into an antenuptial contract prior to the marriage, then the marriage is one out of community of property.
Where parties are married with an antenuptial contract and deal with immovable property registered in the name of one spouse only, then the consent of the other spouse is not required, as the estates of the spouses are separate.
Where parties are married in community of ...