Marriage IN Community of PropertyOne Joint Estate, Shared Risk, and Shared Assets

In South Africa, if you do not sign an Antenuptial Contract (ANC) before a Notary Public and register it at the Deeds Office, you are automatically married In Community of Property. This is the legal "default" regime, and while it promotes total equality, it carries significant financial risks that every couple must understand.

How the Joint Estate Works

The moment you say "I do" without an ANC, your individual financial identities disappear.

• The "Pooling" Effect: Everything you owned before the wedding (cars, savings, property) and everything you owe (student loans, credit cards) is combined into one single Joint Estate.
• Future Earnings: Every cent earned and every asset purchased during the marriage automatically belongs to both spouses in equal, undivided shares.
• Equal Administration: Both spouses have equal rights to manage the estate, but this comes with a heavy burden: for many significant transactions, you cannot act without the formal written consent of your partner.

The Dangers of Joint Liability

The most critical disadvantage of marrying In Community of Property is that you become 100% liable for your spouse’s debts.

• Creditor Risk: If one spouse is sued, behaves irresponsibly with credit, or faces a business failure, creditors can seize all assets in the joint estate—even those you worked hard to acquire before the marriage.
• No Business Protection: This regime is highly discouraged for entrepreneurs. Your business risks become your spouse's personal risks. If your business is liquidated, your spouse's personal savings and even their inheritance (if not specifically excluded) can be used to pay your business creditors.
• Insolvency: If one spouse is declared insolvent, the entire joint estate is sequestrated. Both parties will lose their financial standing and creditworthiness.

Is This Regime Right for You?

While this system is based on the principle of "what’s mine is yours," it is widely considered outdated and dangerous for modern couples. We strongly advise against this default choice if:

• One or both of you own a business or intend to start one.
• One of you has significant debt or a poor credit history.
• You wish to maintain financial independence and the freedom to trade and contract without seeking constant permission.

Expert Advice from Louwrens Koen Attorneys: For a fixed fee of R1950, you can avoid this "Default Trap." We can draft a professional Antenuptial Contract that protects your assets and your peace of mind, ensuring your marriage starts on a secure legal foundation.

ANTENUPTIAL CONTRACT COMPARISON TABLE