Joint Estate and Community Property Overview
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Questions and Answers

What is the liability of each co-debtor when the damage to the joint estate is R100,000?

  • R75,000
  • R25,000
  • R50,000 (correct)
  • R100,000

    • In a marriage in community of property, a spouse can perform juristic acts regarding the joint estate without the other spouse's consent.

    True

    What is the requirement for prior written consent when transferring ownership of immoveable property?

    Consent must be attested to by 2 competent witnesses.

    In the case of Kotze v Oosthuizen, consent requirements apply only when both spouses are _____ .

    <p>alive</p> Signup and view all the answers

    Match the following situations with the requirement for consent:

    <p>Transfer of ownership of immoveable property = Prior written attested consent required Signing as surety for debt of third party = Prior written attested consent required Registering a mortgage bond = Prior written attested consent required Ratification (consent after the fact) = Not possible</p> Signup and view all the answers

    Which of the following is an exception to the requirement for prior written consent?

    <p>Ordinary course of profession</p> Signup and view all the answers

    Ratification of consent after the fact is allowed in all circumstances.

    <p>False</p> Signup and view all the answers

    What amount is Y entitled to in the case of joint liability?

    <p>R450,000</p> Signup and view all the answers

    What may be required for a donation made by a spouse to a third party?

    <p>No consent if it doesn't harm the joint estate</p> Signup and view all the answers

    A transaction that is contrary to consent requirements is automatically valid.

    <p>False</p> Signup and view all the answers

    In the case of Visser v Hull and Others, what does the court define as the donation when property is sold below market value?

    <p>The difference between the municipal or market value and the value for which it was sold.</p> Signup and view all the answers

    A spouse can make a donation without consent if it does not ______ the other spouse's interest in the joint estate.

    <p>unreasonably prejudice</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Consent = Permission granted by one spouse for actions affecting the joint estate Joint estate = Shared property or assets of married spouses Bona fide third party = A person involved in a transaction who acts in good faith Void transaction = A deal that is legally unenforceable due to lack of consent</p> Signup and view all the answers

    Which of the following factors is NOT considered when assessing a donation from one spouse to a third party?

    <p>The preference of the other spouse</p> Signup and view all the answers

    No consent is required for any transaction described in the MPA.

    <p>False</p> Signup and view all the answers

    What happens to a transaction that is made without necessary consent according to the MPA?

    <p>The transaction is void.</p> Signup and view all the answers

    Which of the following is NOT a cause for dissolution of marriage?

    <p>Change of residence</p> Signup and view all the answers

    The Divorce Act applies only to civil marriages.

    <p>False</p> Signup and view all the answers

    What does the case Visser v Potgieter suggest about divorce law?

    <p>Divorce law exists to regulate divorce and its consequences.</p> Signup and view all the answers

    Dissolution of marriage can occur through ________.

    <p>divorce</p> Signup and view all the answers

    What grounds were introduced by common law for divorce?

    <p>Incurable mental illness and habitual criminality</p> Signup and view all the answers

    Match the types of marriage with their applicability under the Divorce Act:

    <p>Civil marriages = Fully applicable Civil unions = Fully applicable Customary marriages = Partially applicable Muslim marriages = Applicable under specific conditions</p> Signup and view all the answers

    The Divorce Act replaced fault-based systems of divorce.

    <p>True</p> Signup and view all the answers

    When did the Divorce Act start applying to Muslim marriages according to Sharia law?

    <p>15 December 2014</p> Signup and view all the answers

    Which of the following is excluded from the joint estate in a marriage?

    <p>Satisfaction for personal injuries</p> Signup and view all the answers

    Damages for patrimonial loss are included in the joint estate.

    <p>False</p> Signup and view all the answers

    What section of the Matrimonial Property Act addresses the exclusion of certain assets from the joint estate?

    <p>Section 18</p> Signup and view all the answers

    Satisfaction received from a 3rd party for damage arising from delict becomes a ______ property of the injured spouse.

    <p>separate</p> Signup and view all the answers

    Match the sections of the Matrimonial Property Act with their descriptions:

    <p>Section 18(a) = Delict by 3rd Party against 1 spouse Section 18(b) = Exclusion of damages for patrimonial loss Section 18(c) = Examination of joint estate assets Section 18(d) = Distribution of separate property</p> Signup and view all the answers

    What does the joint estate consist of?

    <p>Assets and debts of both parties before marriage</p> Signup and view all the answers

    In a tied co-ownership, each spouse owns a specific percentage of each asset.

    <p>False</p> Signup and view all the answers

    What are corporeal things?

    <p>Things that can be seen and touched.</p> Signup and view all the answers

    The _____ includes rights and claims that have monetary value.

    <p>incorporeal</p> Signup and view all the answers

    What is the term used for the resources that provide value in a marriage?

    <p>Assets</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Corporeal = Tangible items you can see and touch Incorporeal = Intangible rights and claims with value Assets = Resources that grant you value Debts = Money owed for used assets</p> Signup and view all the answers

    Ownership of assets in a marriage vests by operation of law (ex lege).

    <p>True</p> Signup and view all the answers

    What must both spouses agree to when selling a shared asset?

    <p>They must both agree to sell the entire asset.</p> Signup and view all the answers

    Study Notes

    Joint Estate

    • Consists of:
      • Assets and debts of both parties before marriage
      • Profit and loss during the marriage
    • Expressed through:
      • Tied Co-Ownership:
        • Half undivided indivisible share.
        • Both parties own half of everything
        • Cannot share their half
        • Example: Owning half of a chair.
      • Common Debts
      • Concurrent Administration

    Overview of Community of Property

    • Consists of assets and debts.
    • Assets: Resources granting value. Example: Owning a house.
    • Debts: Money owed for assets. Example: Renting a house.

    Assets in the Joint Estate

    • Generally, ownership vests by operation of law (ex lege)
    • Assets include corporeal and incorporeal things:
      • Corporeal: Tangible things, e.g., a pen.
      • Incorporeal: Rights and claims with monetary value, e.g., patents or pension interests.

    Spouses' Capacity to Act

    • Concurrent administration
      • Equal administration
      • Joint administration
    • Matrimonial Property Act (Section 15):
      • Section 15(1): A spouse can perform any juristic act regarding the joint estate without the other spouse's consent.
      • Kotze v Oosthuizen: Consent requirements only apply when both spouses are alive.
    • Prior written attested consent required for:
      • Transfer of ownership of immovable property
      • Registering a mortgage bond over immovable property
      • Signing as surety for a third party's debt
    • Rules:
      • Must be attested to by two competent witnesses
      • Ratification is not possible
      • General consent not possible
      • Exception: Ordinary course of profession, trade, or business
      • Tacit consent may suffice

    Donations by a Spouse

    • General Rule: A spouse can make a donation without the other spouse's consent unless:
      • The donation unreasonably prejudices the other spouse's interest in the joint estate.
      • The donation is contrary to the consent requirements mentioned above.
    • Factors considered (Section 15(8) of MPA):
      • Value and reason for the donation
      • Spouses' financial and social standing
      • Standard of living
      • Other relevant factors
    • Visser v Hull and Others: If property is sold below market value, the difference represents the donation.
    • Transactions not mentioned in the Act do not require consent.

    Consequences of Non-Compliance

    • The MPA is silent on the consequences.
    • ABSA v Lydenburg Passenger Services:
      • Acts done against consent are void
      • Result: If an asset is transferred, it can be reclaimed.
      • Consider the protection of third parties (Section 15(9)(b) of MPA).
    • Transaction without consent is void.
    • If the third party is bona fide, the transaction is valid and enforceable.

    Divorce Law

    • Earlier systems were fault-based and required proof of a spouse's misconduct.
    • Common law introduced grounds of incurable mental illness and habitual criminality.
    • The Divorce Act replaced these systems, streamlining the process.
    • Visser v Potgieter: Divorce law regulates divorce and its consequences, not marriage maintenance.

    Application of Divorce Act

    • Fully applicable to civil marriages and unions.
    • Partially applicable to customary marriages.
    • Women's Legal Centre Trust: Divorce Act also applies to Muslim marriages concluded under Sharia law (after 15 December 2014) if legal proceedings have started but not concluded.

    Dissolution of Marriages

    • Dissolution occurs through:
      • Death of one or both spouses
      • Annulment of a voidable marriage
      • Presumption of death order (Section 1 of Dissolution of Marriages on the Presumption of Death order)
      • Divorce

    Assets Excluded from the Joint Estate

    • Assets excluded in a marriage contract.
    • Assets excluded in a will or deed of donation.
    • Satisfaction and damages for personal injuries (Section 18(a) and (b) of the Matrimonial Property Act):
      • Even with a joint estate, spouses can have separate estates.

    Satisfaction and Section 18

    • Section 18(a) of the MPA: Delict by a third party against one spouse
      • Any amount recovered by a spouse in damages (other than for patrimonial loss) due to a delict against them does not fall into the joint estate, but becomes their separate property.
    • Understanding Satisfaction: Satisfaction received from a third party for damage arising from delict is separate property of the injured spouse.

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    FMR 121 Semester Test 2 Notes Pack PDF

    Description

    This quiz covers the intricacies of joint estates and the community of property, including the management of assets and debts before and during marriage. It also explores concepts like co-ownership and the types of assets involved in the joint estate. Dive into the legal frameworks surrounding the matrimonial property to test your understanding.

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