Marriage and Property Systems in South Africa

In community of property

The Matrimonial Property Act 88 of 1984

1. When a valid ante- or postnuptial contract that excludes community of property is in existence.
2. If the marriage is not governed by South African law because the law of the matrimonial domicile indicates a different default property regime.
3. If the marriage is a Muslim marriage, pending the enactment of new legislation, all Muslim marriages are by default treated as out of community of property.
4. While civil marriages of Black persons concluded before 2 December 1988 were by default deemed out of community of property, this is no longer the case.

<p>The legal nature of ownership of joint property in a marriage in community of property is tied co-ownership.</p> Signup and view all the answers

<p>Assets excluded from the joint estate in a marriage in community of property include assets excluded in an ante- or postnuptial contract, assets excluded by deed of donation or last will and testament, and satisfaction and patrimonial damages for personal injuries.</p> Signup and view all the answers

<p>Yes, joint debts (debts that relate to assets in the joint estate) can be recovered from the separate estates of both spouses and the joint estate in a marriage in community of property, regardless of which spouse incurred the debt.</p> Signup and view all the answers

<p>The delictual debt must first be recovered from the separate estate of the responsible spouse, if such an estate exists. Only if the spouse does not have a separate estate or the separate estate is not sufficient to cover the debt, can the debt be recovered from the joint estate.</p> Signup and view all the answers