is civil marriage in community of property

What is a marriage in community of property?

While a marriage in community is the cheapest and most popular matrimonial regime, it is deeply flawed. When couples are married in community of property, their separate estates are combined, and each spouse has the right to dispose of the assets as they wish. They are also equal managers of the joint estate.

When did civil marriages become in community of property?

From 2 December 1988 onwards, all civil marriages, including Black civil marriages, were put on par with one another and were automatically in community of property, unless an ANC was entered into prior to the marriage, and registered within 3 months of signature thereof in the Deeds Office. 1.

What is community property in divorce?

Community property refers to a U.S. state-level legal distinction that designates a married individual's assets. In a community property jurisdiction, any income and any real or personal property acquired by either spouse during a marriage are considered community property, and thus, belong to both partners of the marriage.

Do you need consent for a marriage in community of property?

In these cases, written consent might be required. What happens to the assets in a marriage in community of property? All assets that one spouse acquired prior to the marriage, as well as the assets accumulated during marriage, will fall into the joint estate.

What does civil mean in a marriage?

a legally recognized marriage that takes place without a religious ceremony: To conduct a civil marriage, you have to be trained and legally appointed. He co-sponsored a bill to allow gay couples to have civil marriages.

What is the difference between a civil marriage and a regular marriage?

There are few notable differences: marriage is formed by vows, whereas a civil partnership is formed by signing the civil partnership document; and. marriages are ended by divorce, whereas civil partnerships are ended by dissolution, although the process is fundamentally the same.

What does civil marriage means in South Africa?

What is a civil marriage? It is a marriage that can only be entered into between a man and a woman. A civil marriage will automatically be in community of property, unless an ante nuptial contract is entered into indicating that the marriage will be out of community of property, with or without the accrual system.

What are the three types of marriage?

On the basis of number of mates marriage may be classified into three types such as Monogamy, Polygamy and Endogamy or group marriage.

What are two advantages of a civil marriage?

The legal benefits of a civil marriage include protecting one another with: Support – being married obligates you to a duty of support to one another depending on each party's needs. Maintenance – spousal maintenance can be claimed when a spouse dies from the deceased estate.

How do you know if you married in community of property?

If you and your spouse are married in community of property, this means that you share a joint, undivided estate that is made up of your respective assets and liabilities, including those that accrued prior to the date of your marriage.

Are South African marriages in community of property?

When couples in South Africa are married in community of property, the spouses' estates are combined, and each spouse has the right to dispose of the assets as they wish. They are also equal managers of the joint estate.

Does paying lobola mean you are married in community of property?

Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife's family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) ...

What are the 3 types of marriage in South Africa?

Three types of marriages are recognised under South African law: civil marriages, customary marriages and civil unions.

Is civil wedding legal?

Yes, as legal as it gets. As long as you comply with the requisites set forth by law, a civil wedding is binding, recognized by the State, and allows you to avail of the legal benefits of marriage (tax benefits, medical care, etc.).

How is the civil marriage process?

Civil Wedding Requirements:At least 2 valid IDs of the Couple during Personal Appearance.Certificate of Attendance in Pre-Marriage Counseling.PSA Birth Certificate.Certificate of No Marriage.Marriage License Application Form.Barangay Certificate.Community Tax Certificate.1×1 picture.

Which type of marriage is best?

Arranged marriages provide equal stature, financial stability, cultural identity and the same opinions among partners and families, so, there is very less chance of disputes. The only downside to this is that partners do not know each other nor do they love each other before the marriage; well, most of the times.

What are the disadvantages of court marriage?

DIVORCE CASES. One of the major disadvantages of court marriage or wedding is the case of divorce. ... TIME CONSUMING PROCESS OF PUTTING UP THE WEDDING. Another big disadvantage of court wedding that we need to know is the time consuming process of putting up the wedding. ... STRICT FILLING OF FORMS.

What are the requirements for civil wedding?

Civil Wedding Requirements:At least 2 valid IDs of the Couple during Personal Appearance.Certificate of Attendance in Pre-Marriage Counseling.PSA Birth Certificate.Certificate of No Marriage.Marriage License Application Form.Barangay Certificate.Community Tax Certificate.1×1 picture.

How many types of marriage do we have?

In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected).

Why is civil marriage better than religious marriage?

Civil marriage is translated by a contract with mutual conditions from the two parties. Therefore, men and women are both equal and they get to set their own terms in the agreement. Unlike religious marriages, civil marriage doesn't cause injustice to women and provides both individuals with their earned rights.

What are the advantages of marriage in community of property?

Advantages of marriage in community of property. No need to enter into a special contract before getting married. It tends to help the financially weaker or financially unstable spouse. It promotes the concept of equality in terms of finances, legal matters, and oneness in communication.

What is civil marriage in South Africa?

Civil marriage is the most common form of marriage in South Africa and can only be performed between a man and a woman. The Marriage Act (Act 25 of 1961) regulates the solemnisation of civil marriages in South Africa. Spouses can be married in or out of community of property.

What happens to the community of property when a spouse dies?

When a spouse in a community of property marriage dies, only half of the community estate will be subject to estate duty. With regard to marriages in community of property, the following aspects are important:

What is community of property?

Basically, a marriage out of community of property is a civil marriage in which the spouses prefer to keep their estates separate , implying that all the assets and liabilities they individually owned or are accountable for will remain part of their separate estates . Each spouse has full control and disposal rights over his or her assets and may bequeath them to whomever her or she wishes in a single or joint will.

What is joint estate?

A joint estate is also referred to as a communal estate or community estate. An individual who is married in community of property is only a half owner of the communal estate and simultaneously and equally a manager with the other spouse of the joint estate. On the termination of a marriage (either by death or divorce), ...

What is the recognition of customary marriages act?

According to the particular Act, the marriage must be negotiated and celebrated in accordance with the prevailing customary law, implying that the marriage must be entered into according to the traditions and customs of the parties involved.

What are the different types of marriages in South Africa?

Types of marriages in South Africa. There are three types of marriages recognised under South African law: civil marriages, customary marriages, and civil unions. There is also a fourth type of marriage, namely a religious marriage. For example, Jewish, Hindu, and Muslim marriages. However, a religious marriage is not recognised as ...

What is community of property?

Marriage in community of property is a type of matrimonial regime which joins the estates of the two spouses into one estate of equal shares. Therefore, the couple who marries in community of property owns the joint estate together and the estate can only be divided should the couple choose to terminate the marriage.

What are some examples of situations where one spouse may act independently regarding acts that are binding on the estate?

The following are examples of scenarios where one spouse may act independently regarding acts that are binding on the estate - in other words, where consent from the other spouse is not necessary: Forming a company or trust. Entering into a transaction on the stock exchange.

How many types of consent are there for a married couple?

Types of Consent when Married in Community of Property. According to the Matrimonial Property Act, there are 5 types of consent which can be given by one spouse to another.

Do you need to give written permission to a spouse before a transaction?

Some situations require written permission signed by two witnesses to be given by the spouse prior to the transaction: The alienation or burdening of immovable property belonging to the communal estate or the granting of the rights to a third party over such immovable property.

What happens if you marry in a community of property?

One of the most devastating consequences of a marriage in community of property is that when one spouse becomes insolvent (cannot pay his/her debts), both spouses will be declared insolvent, because there is one communal estate. If there is a court order against either one of the spouses, the communal estate can be lost.

What is the Matrimonial Property Act?

The Matrimonial Property Act categorises acts where a spouse needs the consent of the other spouse to enter into a valid transaction under the following types of consent: Informal consent. In certain instances, only informal consent from the other spouse is required. In these instances, oral consent is sufficient.

What happens to an innocent spouse when the communal estate is divided?

When the communal estate is divided at the end of the marriage, the court will make an adjustment and the innocent spouse will be compensated accordingly. Advantages of marriage in community of property. You don’t have to enter into a special contract before being able to get married.

What happens if one spouse has a lot of debt?

So, if one spouse comes into the marriage with a lot of debt, his/her debt will then form part of the communal estate. Such debt may include contractual debt, maintenance payable to an ex-spouse from a previous marriage and even maintenance payable to extramarital children.

When a spouse enters into a transaction requiring consent without the consent of the other spouse, what is the

When a spouse enters into a transaction requiring consent without the consent of the other spouse, our law favours the rights of the third party with whom the spouse contracted. If the third party doesn’t know or can’t reasonably have known that consent wasn’t given, then the transaction is valid.

Can a spouse sue each other for damages?

When a marriage starts to fail, it can become difficult to obtain joint consent. Spouses married in community of property cannot sue each other for damages. It would be pointless as money taken from the joint estate to pay the one spouse will simply fall back into the joint estate. There is an exemption to this rule.

Is marriage in community of property cheapest?

Marriage in Community of Property. A marriage in community of property is undoubtedly the cheapest and most popular form of all the matrimonial regimes, although deeply flawed. No antenuptial contract is required, so if you marry without an antenuptial contract, you will by default be married in community of property.

What are the rules of civil marriage?

This article deals with marriages in & out of community of property and Civil marriages of Africans before 1988. Marriages create certain rights and duties for the husband and wife. In all marriages, couples have a legal duty to live together and to support each other.

What is community of property?

If you get married without signing any contract, you will be married in community of property. ‘In community of property’ means that everything the couple own, and their debts, from before their marriage are put together in a joint estate.

When did the marriage and matrimonial property amendment act change the law about civil marriages of Africans?

And the wife had the same protection against her husband misusing the marital power. In 1988 the Marriage and Matrimonial Property Amendment Act changed the law about civil marriages of Africans and made them the same as any other civil marriage.

What does "accrual" mean in a marriage?

‘Accrual’ means increase.

Can Africans marry in community of property?

Africans could marry in community of property if they wanted to. To arrange this, the couple had to tell the marriage officer one month before the ceremony that they wanted their marriage in community of property. They could only do this if the husband was not married to any other woman by customary marriage.

Does the husband have marital power?

The husband has no marital power. Even though the laws may have changed since you were married, your marriage is still governed by the way you were married and the rules of marriage for that kind of marriage at that time (except that marital power is automatically scrapped).

Is a civil marriage considered community property?

All civil marriages are automatically in community of property, unless the partners sign an ante-nuptial contract before the marriage. (Except African marriages before 1988, which were automatically out of community of property unless the partners clearly chose to marry in community of property.) Marriages in community of property.

What is community property?

Key Takeaways. Community property refers to a U.S. state-level legal distinction that designates a married individual's assets. In a community property jurisdiction, any income and any real or personal property acquired by either spouse during a marriage are considered community property, and thus, belong to both partners of the marriage.

Which states have community property laws?

In the United States, nine states have community property laws: Alaska has an optional community property system, in which spouses may agree to hold some or all marital property in common by creating a community property trust or community property agreement. 4  Tennessee and South Dakota have similar systems. 5 .

How is community property divided?

In community property jurisdictions, each spouse in a marriage is considered to own a share of the marital assets, including any financial or real assets acquired during the marriage. In some jurisdictions, such as California, community property is divided strictly in half, with each spouse getting 50% of any assets found to be marital property. 1  In other jurisdictions, such as Texas, a judge may choose to divide assets in any denomination that they consider equitable to both spouses. 2 

What does it mean when a couple is married in community of property?

This means that all the assets they bring to the marriage are jointly owned by them. This applies even if they have separate bank accounts and run separate businesses.

How to get married out of community of property?

A marriage out of community of property is achieved by drawing up an antenuptial contract (ANC). In terms of this contract, community of property and profit and loss are excluded. This means that there is no joining of estates and each spouse keeps his/her estate separate.

What happens to an estate when one spouse dies?

On top of this, if one partner dies, the surviving spouse has no access to the estate until it has been wound up by the executor. This has on many occasions resulted in hardship for the surviving spouse, especially if the offspring of the marriage or relatives are unable to help in the interim period.

What is community of property marriage?

What do these different marital regimes mean? Well, in an In Community of Property marriage, both husband and wife equally share the risk and benefits of a joint estate. In fact their estate will be regarded as one estate.

What happens if you get your marriage registered without a notary?

This means that if a couple have not gone to an Attorney and had an Ante-Nuptial Contract drawn up and notarized by a Notary Public, then the marriage would automatically be considered ...

Can a spouse's assets be touched by creditors?

Their assets remain their own separate property and cannot be touched by any creditor. This also applies to any insolvency by one of the spouses. When the marriage terminates either through death or divorce, there is no accruing (“without accrual”) of the assets of the couple.

What is civil marriage?

CIVIL MARRIAGES. 1. Marriages in terms of the Black Administration Act No. 38 of 1927 – Period 1929 to 1988. Civil marriages of Black persons were automatically out of community of property with the exclusion of profit and loss and with the retention of the marital power. On 1 November 1984 the Matrimonial Property Act 88 ...

When did black marriages become community property?

From 2 December 1988 onwards, all civil marriages, including Black civil marriages, were put on par with one another and were automatically in community of property, unless an ANC was entered into prior to the marriage, and registered within 3 months of signature thereof in the Deeds Office. 1.

What is a monogamous customary marriage?

Monogamous customary marriages. If neither of the spouses are parties to any existing customary marriage, the marriage is in community of property unless an ANC is duly entered into. Polygamous customary marriages. A husband wishing to contract a further customary marriage is required to obtain a Court Order.

When did customary marriages end?

Marriages in terms of the Recognition of Customary Marriages Act 1920 of 1998 – Marriages entered into prior to 14 November 2000 and dissolved after 14 November 2000. The Recognition of Customary Marriages Act 1920 of 1998 (RCM) came into operation on 15 November 2000 and is applicable to all customary marriages which have been concluded according ...

When did the Matrimonial Property Act come into effect?

On 1 November 1984 the Matrimonial Property Act 88 of 1984 came into operation, abolishing the marital power a husband had over his wife retrospectively. 2. The Marriage and Matrimonial Property Law Amendment Act No. 3 of 1988 (MMPLA) came into operation on 2 December 1988 – Period 1988 to 14 November 2000.

When was civil marriage dissolved?

Where the civil marriage was concluded before 15 November 2000 while there existed a customary marriage, the customary marriage is automatically dissolved and the civil marriage is valid. However, where a civil marriage was concluded after 2 December 1988 onwards while there existed a customary marriage duly registered or not, ...

Is a customary union dissolved by civil marriage?

Most importantly a customary union was not automatically dissolved by a civil marriage. (i) a man and a woman between whom a customary union subsists are competent to contract a marriage with each other if the man is not also a partner in a subsisting customary union with another woman.