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Community of Property

Community of property is the default matrimonial property regime in South Africa. All assets and liabilities before and during the marriage are shared equally by both spouses.

Legal Definition

When parties marry without an antenuptial contract, they are automatically married in community of property under s17 of the Matrimonial Property Act 88 of 1984. Both spouses' estates are merged — all assets are jointly owned and all debts are jointly liable.

📖 Constitutional / Statutory Basis: Section 9, Constitution of the Republic of South Africa, 1996; Matrimonial Property Act 88 of 1984

Practical Example

A spouse without an ANC incurs R200 000 in business debt. The other spouse's salary and assets can be attached by creditors because the estates are one.

Frequently Asked Questions

Can a spouse act alone on community of property assets?
No. The Matrimonial Property Act requires both spouses' consent for major transactions — selling immovable property, encumbering assets, or suretyships.
Does community of property include inherited assets?
Yes, unless the will or donation expressly excludes the inheritance from the community.
How are assets divided in community of property on divorce?
Equally — 50/50 after all joint debts are paid.

Related Terms

Antenuptial Contract (ANC) Divorce Customary Marriage

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