24 May 2013

Divorcee wants split from accrual system

Schalk van der Merwe - Rawson Properties

This week Property Poser’s panel considers the implications of being married out of community of property with the accrual system. A reader tells us that she is married in terms of this regime and that the split of the accrual is 25/75 in her husband’s favour. It appears that one of the biggest assets in the estate is a property valued at approximately R3 million, registered in her … [Read more...]


Splitting the marital bond

Rian du Toit - DTS Attorneys

Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They … [Read more...]


Till debt us do part

Schalk van der Merwe - Rawson Properties

The panel has had a question from a reader faced with the "for richer or poorer" aspect of her wedding vows, as she grapples with the issue of property ownership and debt under her particular marital regime. She explains that she and her husband acquired a property jointly before they got married but after their antenuptial contract was drafted. They married out of community of property with … [Read more...]


Property ownership affected by marriage

Brian Kinnear - Fresh Lifestyle Properties

This week our panel of experts examines questions from two different readers relating to how the ownership of property is affected by a marriage regime. The first question comes from a reader who acquired a property before she got married in community of property. A further bond was registered in both their names after the wedding. The couple is now divorcing and the reader wants to know … [Read more...]