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How will sequestration influence my marriage regime?

Does my spouse have to know about it? Does it affect marrying in the future? Is the debt and assets of my spouse relevant? Read all about it here.


There are a few different marriage regimes in South Africa under our common law.


Married In Community of Property

This means that you and your spouse did not enter into a contract. You therefor have only one estate. Both your assets and debts belong to each other in equal shares.

When you apply for sequestration under this regime, both spouses will be applicants in the application.


Married Out of Community of Property without Accrual

This means that you and your spouse did enter into a contract, but you excluded the accrual system. This means that if you ever were to separate whether it be due to death or divorce, no party will have any claim against the estate of the other.

When a spouse apply for sequestration under this regime, only his debt and assets will be taken into account. The debt and assets of the other spouse is not relevant. If you are co-owners to a property, the person applying for sequestration will have to sell his half share otherwise the property will be in jeopardy as a consequence of the sequestration.


Married Out of Community of Property with Accrual

This means that you and your spouse did enter into a contract, but you included the accrual system. This means that if you ever were to separate whether it be due to death or divorce, the party who’s estate has grown the least will have a 50% claim of the amount of growth of the other parties estate from date of marriage.

When a spouse applies for sequestration under this regime, only his debt and assets will be taken into account. The debt and assets of the other spouse is not relevant. The accrual system is further also irrelevant in a sequestration application.

If you are sequestrated whilst still single and wish to later get married, you have to get married out of community of property, whether with or without the accrual, because if you don’t your spouse’s estate will automatically also be placed under sequestration.




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