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We are married ante nuptial contract, can we change to out…

Customer Question
We are married ante...

We are married ante nuptial contract, can we change to out community ?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

We need to change to out community so that one has her/ his own property and not be jointly in our assets

Submitted: 2 years ago.Category: South Africa Law
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Answered in 21 minutes by:
2/19/2016
Lawyer: Freddie Lombard, Attorney replied 2 years ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,819
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

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.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

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Lawyer: Freddie Lombard, Attorney replied 2 years 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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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