If I am married out of community of property does my partner/spouse have to sign the sale agreement?

Author
Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

If the property is registered in both parties’ names, then both must sign the sale agreement and transfer documents as they both are equal owners. If, however only one spouse owns the property then only he/she needs to sign the sale agreement and transfer documents irrespective of the marriage arrangement.

Property questions?
Get quick answers about buying, selling, renting, and more from our AI powered real estate bot
Legal Property News
Property boundary disputes: A guide for homeowners
Legal
Property boundary disputes: A guide for homeowners
02 Dec 2024
Boundary disputes between South African homeowners often arise from overhanging trees, overgrown shrubs, or structures built over property lines. These conflicts can be stressful and costly but are usually resolvable through clear communication and proper legal steps.
read more
Understanding power of attorney in property transactions
Legal
Understanding power of attorney in property transactions
14 Nov 2024
magine you're trying to sell a property in South Africa but are located overseas. Handling the transaction from afar is challenging, but with a power of attorney (POA), you can appoint a trusted representative to manage the process for you. In this article, we’ll cover what a POA is, how it works in property transactions, and what precautions you should take to protect yourself
read more
What happens to your home loan when the unforeseen happens?
Legal
What happens to your home loan when the unforeseen happens?
31 Oct 2024
Unforeseen life events like divorce, the death of a loved one, financial challenges, or a new partnership can turn even the most stable home loan into a stressful situation. Navigating a home loan under these conditions can be challenging, but understanding your options can help you make informed decisions and avoid unnecessary financial strain.
read more
Maximising tax deductions on rental properties: A guide for landlords
Legal
Maximising tax deductions on rental properties: A guide for landlords
16 Oct 2024
Renting out your property can be a rewarding way to generate extra income, but did you know it also comes with tax obligations? As a landlord in South Africa, you're required to report your rental income to SARS, which can eat into your profits. Fortunately, there are smart ways to reduce your tax liability and keep more of what you earn.
read more
Real Estate Tools
Get pre-qualified
Make offers with confidence knowing what you can afford. Then shop for the best home loan
Bond Calculator
Calculate the estimated repayments on a home loan and savings with extra payments