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Regarding marriage in community of property, all assets before paypall marriage gathered by both the man and the woman, both the combined assets of the date of the marriage, ie if for example paypall the man R100 000-00 assets before the marriage had and the woman R50 000-00, they went to the wedding date combined assets of R150 000-00. All assets collected after the wedding is similarly deemed both 'combined assets to be.
The commencement of the Matrimonial Property Act, Act 84 of 1988, as amended did marital power which a man under the common law on the person and property of his wife had been abolished, with the result that done away with the restrictions that apply was a woman's actions and appearance powers. One spouse still has the other spouse's consent is required for certain legal actions to continue, and it is set out in section 15 (2) of the said Act.
There are certain assets which may be excluded from the joint estate, and which is deemed the separate assets of such spouse to be. Kotliks may be referred to as donations, legacies / personal rights, inheritances and life insurance. Even if one spouse compensation for the commission of a delict against such spouse received, it will be excluded.
Donations will be gifts for example which one spouse receives such as a ring. Legacies / personal rights would, for example usufruct of property. Note that gains from such legacies or personal rights have been in the joint estate will fall. Example of compensation would be for example if one spouse received compensation for injuries in a car crash injuries.
If one spouse is the cause of a claim for damages against the joint estate due to last, it must be the guilty spouse's separate property recovered, failing which the joint estate, but find a settlement of place when sharing of the joint estate occurs.
At death, the deceased spouse of separate property has discretion but falls remainder surviving spouse. In case of divorce, the estate, with the exception paypall of separate property, in equal parts. In the case of sequestration, all property paypall forms part of the sequestration.
Marriage out of community of property with accrual means that all assets of the persons before marriage gathered, the separate assets of those persons paypall living. Assets acquired after the marriage, however, is part of an estate of persons deemed to be together to build. The same principles regarding paypall donations, personal rights, bequests, paypall life insurance and compensation as to a marriage in community of property shall apply.
For example, if the husband's estate's initial value R100 000-00, and the women's a R50 000-00, and at death or divorce, the value of both parties' combined estates paypall R500 00-00, the initial values paypall are deducted from the total value, so R500 R150 000.00 minus 000.00 = R350 000 00.Elke party may retain or dispose of their respective initial values at its discretion, while the remainder (Accrual = R350 000.00) pursuant to a marriage in community of good principles must be dealt with.
It should however be noted that the legal claim of one spouse to the other spouse's estate to share first results from death or divorce. During the subsistence of the marriage, there is for all practical purposes two estates, and each spouse at will his / her own estate management. For example, if one spouse property (whether movable or immovable) sale, the value part of the increase, but that spouse then such property is sold and the money to spend, which is a reduction of the estate is unavoidable, but the other spouse nothing about doing.
In the case of sequestration only the spouse paypall that sequestration value,
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