How do marriages in and out of community of property affect signing capacity?

Question

Kruger Attorneys &amp; Conveyancers Inc · Accepted Answer

Married in community of property. • joint estate. • spouses are required to sign the offer to purchase, alternatively, a spouse can consent to the other signing when selling or buying a property. Q: one spouse acquired property prior to the marriage, and subsequently gets married in community of property, who owns the property?. A: the new spouse automatically becomes a co-owner of the property and no transfer is required. Married out of community of property. • individual estates. • spouses may buy or sell property in their own names, the signature of the other spouse is not required. Q: if the one spouse bought property, prior to the marriage out of community of property, who does it belong to?. A: the individual estate of the spouse who bought the property. It is important to know the marital regime of parties when buying or selling of property to ensure a valid otp.  by chana finger from kruger attorneys & conveyancers inc