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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2508
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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We are married ante nuptial contract, can we change to out

Customer Question

We are married ante nuptial contract, can we change to out community ?
JA: Thanks. Can you give me any more details about your issue?
Customer: We need to change to out community so that one has her/ his own property and not be jointly in our assets
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Your post is a bit confusing. If you entered into an ante nuptial contract before you got married then you are in fact already married out of community of property. If you did not make any contract, then you will be married in community of property.

It is possible to change your matrimonial property regime from in community of property to out of community of property. This is however a bit more costly than having it done before you get married as you will have to get a attorney to bring a high court application for the registration of a post nuptial contract changing your marriage regime.

It entails giving notice to all your creditors and inform them of your application. Once the court grants the order, the contract is registered in the deeds office and you can buy property in your own name.

I hope this answered your question.

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Expert:  Freddie Lombard replied 11 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards