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We got married overseas – how does this affect buying and selling?

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Agents should ask certain questions when determining firstly what country’s matrimonial legislation will be applicable to the marriage and, secondly, what the effect will be on the signatures or consents required from the spouse if the parties are indeed married according to foreign law. This is according to MC van der Berg of MC van der Berg Incorporated. He explains the difference between being married in a foreign jurisdiction or if the marriage is indeed governed by foreign law.

  1. If parties got married in London does is mean that they are married according to British law? The answer is NO. The domicile of the husband at conclusion of the marriage determines which matrimonial system will be applicable to the marriage. If the husband and wife got married in London because it was their dream to get married in a British castle, their marital regime will be regulated by South African law as the husband deems his permanent place of residence to be South Africa. If they did not enter into an ante nuptial contract their marriage is in community of property.
  1. If a person’s marriage is indeed governed by foreign law, the parties must assist each other when selling or bonding the property. They will thus jointly sign the contract (or the spouse can give a separate consent to sell) and they will jointly sign the bond documentation. No assistance is required where one of the parties are purchasing a property and it is a cash transaction.

Who is MC van der Berg?

MC van der Berg, of MC van der Berg Incorporated.

MC van der Berg, of MC van der Berg Incorporated.

M.C. (Tiaan) van der Berg, BLC LLB LLM (UP) H. Dip Labour (UJ) Dip ADR (AFSA/UP), is an admitted attorney, conveyancer and notary, and the founding director of M.C. van der Berg Incorporated, a legal practice specialising in property law. He is also the co-director of Mcademy Training Institute.

 

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