Want to purchase a property but you are married in community of property and your spouse is refusing to append his signature for the purchase of your dream property?
In terms of Section 15 (2) of the Matrimonial Act 88 of 1984 spouse married in community of property, shall not without the written consent of the other spouse-
Further in terms of Section 15(4) the consent required for the purposes of paragraphs (b) to (g) of subsection (2), may, except where it is required for the registration of a deed in a deed’s registry, also be given by way of ratification within a reasonable time after the act concerned.
The consent of your spouse is required, and it has to be given separately in respect of each act and it has been attested by two competent witnesses
Section 20 of the Matrimonial Act 88 of 1984 makes provisions for situations such as the above.
Section 20 states that the Court may on application of a spouse order the division of the Joint Estate if the Court is satisfied that the interest of the spouse is seriously prejudiced by the conduct of the other spouse, however such an order will only be granted if the Court is satisfied that the order will not prejudice the other spouse.
If the Court is satisfied and grants the order, the Estate will be divided into equal share. The Court may further order that your clients Matrimonial Property System also be replaced by another system.
Your Attorney would have to bring an application in terms of Section 20 (1) of the Matrimonial Act 88 of 1984 for a Court to grant an order for the division of the Joint Estate.
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