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Protecting Your Inheritance | Ruder Ware
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Constitutional triumph on matrimonial property rights
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It is recommended that property purchased during marriage be registered in the joint names of the couple. However, it is worth noting that even if the land purchased is registered in the name of one spouse, no dealings over the property like selling to a third party can be conducted thereafter without the partner’s written consent.
A wife can protect her property rights if she chooses to buy property jointly with her husband by ensuring that her name appears in all the transaction documents and eventual title to the property purchased. Additionally, she should ensure that in the document, the ownership section is put down as ‘jointly’.
PHOTO: Roger de la Harpe, Gallo Images
The apartheid-era Black Administration Act combined with the more recent Matrimonial Property Act has effectively left thousands of elderly black women married out of community of property .
Pinetown housewife Agnes Sithole challenged this legislation and won in the KwaZulu-Natal High Court in Durban.
The ConCourt upheld the Durban ruling and ruled that all these marriages were by default in community of property, unless people specifically opt out.
The Constitutional Court has come to the aid of many black, mostly elderly, women whose marriages were automatically deemed out of community of property , GroundUp reported.
âObliterationâ of law that discriminated against black women welcomed
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Cape Town â The Legal Resource Centre (LRC) has welcomed the âobliterationâ of a law that previously discriminated against hundreds of thousands of black women due to past legislation that automatically registered marriages out of community of property.
This follows a ruling made on Wednesday by the Constitutional Court, confirming a previous judgment by the Durban High Court in 2020, that section 21(2)(a) of the Matrimonial Property Act (MPA), which states that marriages of black couples entered into before 1998 were automatically out of community of property, is unconstitutional and invalid.
The LRC represented Agnes Sithole whose marriage to Gideon was under the MPA.
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