Archive for March 1st, 2008
The Matrimonial Property Act part 5
Saturday, March 1st, 2008Abolition of the prohibition of donations between spouses
The Act abolishes the common law absolute prohibition of donations between spouses by providing that, subject to the provisions of the Insolvency Act, a donation is not void or voidable merely because it amounts to a donation between spouses whether effected before or after the introduction of the […]
The Matrimonial Property Act part 4
Saturday, March 1st, 2008Abolition of marital power
The introduction of the Matrimonial Property Act saw the abolition of the marital power in respect of marriages entered into after the introduction of the Act. The Act also made allowance for spouses to exclude the marital power within two years of the introduction of the Act, by the execution of a […]
The Matrimonial Property Act part 3
Saturday, March 1st, 2008The accrual system
The basis of the accrual system is the principle that spouses should share that which is acquired by their combined effort during their marriage.
It is important, from an estate agent’s point of view, to understand the accrual system. Every marriage entered into since November 1, 1984, in terms of an Antenuptial Contract […]
The Matrimonial Property Act part 2
Saturday, March 1st, 2008In Community of Property
The husband’s matrimonial power is, in all instances, excluded by operation of law. Spouses enjoy equal powers in respect of the administration of their joint estates. To this end, spouses are empowered to perform juristic acts independently in respect of their joint estates, provided that certain specified juristic acts are performed […]
The Matrimonial Property Act part 1
Saturday, March 1st, 2008The purpose of enacting the Matrimonial Property Act of 1984 was to improve matrimonial property law by bringing it into line with current social conditions, with emphasis on the degree of economic participation of women in society.
The amendments to the Act by the Marriage and Matrimonial Property Law Amendment Act of 1988 and the General […]
Property Sale Guide: The Role of the Conveyancer continue…
Saturday, March 1st, 2008How long to effect transfer?
Of paramount importance to the seller, the purchaser and the Estate Agent is the time it takes from the date of sale to effect registration of transfer of the land into the purchaser’s name. As a general rule it is reckoned to be 6-8 weeks from the date on which the […]
Property Sale Guide: The Role of the Conveyancer
Saturday, March 1st, 2008As a general rule ownership of movable property passes on delivery by the Owner to the purchaser. Ownership of land or a sectional title unit on the other hand can only pass to the purchaser, or Transferee, on registration of the Title Deed to the land or sectional title unit into the name of the […]
