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How does your marriage status affect you when buying property in South Africa?

Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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Frequently asked questions about divorce

Here are some FAQ's about divorce. How much does it cost to get a divorce? Divorces are unique to the individuals wanting the divorce as they depend on the circumstances surrounding the marriage. At Hammond Pole, we offer advice and assistance in determining the best route to take in reaching the most favourable outcome to our clients in the least amount of time. The cost of your Divorce will depend on the circumstances of your situation (whether there are minor children born of the marriage, your assets, maintenance claims, etc.) at the time of divorce. How long does it take to get a...

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‘VOETSTOOTS’: What does it mean?

'Voetstoots' merely means that as a seller you are selling the property with the existing problems it has. So the buyer takes it "as is". There is one very important caveat here - as the seller you have to fully disclose all known problems with the property in order for the buyer to make an informed decision. A voetstoots clause will not provide any legal protection if you intentionally conceal defects in bad faith with the purpose of defrauding the buyer. We are situated on the East Rand of Johannesburg (JHB) in close proximity to the airport. The following towns are nearby: Boksburg, Benoni, Kempton Park, Germiston,...

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What to do after the passing, or death, of a loved one: A Guide on how to start winding up the estate and the process thereafter.

Dealing with the death of a loved one can be over-whelming for all the family and friends concerned. It is for this reason that we at Hammond Pole Attorneys would like to assist you in setting out the correct processes to follow, when winding up the estate, in order to avoid making this traumatic experience any worse. First and foremost it is crucial to limit the financial exposure of the family in regards to the death of a loved one. That is why it's so important that the family report the passing of the loved one to the Masters office as...

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An antenuptial agreement is a contract signed before marriage by parties who intend to marry each other out of community of property. In other words, each person wants to retain ownership of his or her own assets as opposed to pooling the assets to form one communal estate. If no such agreement is signed the husband and wife will automatically be married in community of property. The decision to enter into an antenuptial contract may have serious consequences. Both during the course of the marriage and in the event of its dissolution (whether on death or divorce) and it is therefor...

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STATS SA has released some figures on Civil Debt Cases in Judgments in South Africa. Below is a summary with a link to the full report. - The total number of civil summonses issued for debt decreased by 0,8% in the first quarter of 2017 compared with the first quarter of 2016. The largest negative contributions to the 0,8% decrease were civil summonses relating to:  services (contributing -3,4 percentage points);  goods sold (contributing -2,0 percentage points); and  rent (contributing -0,5 of a percentage point). - The total number of civil judgements recorded for debt decreased by 16,1% in the first quarter of 2017...

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