In Community of Property — What It Really Means
No marriage contract? This is your default marriage regime.
Are You Already Married In Community of Property?
You probably are if any of the following apply:
- You married without signing any documents at an attorney’s office before the wedding
- Your marriage officer never mentioned a marriage contract
- You assumed you were “automatically separate” — you’re not
- You married quickly and didn’t think about property arrangements
- You married in a customary ceremony without a prior contract
If this sounds familiar, read on — and then see your options for changing it.
What It Actually Means Day to Day
You and your spouse share one combined estate. There is no “mine” and “yours” — only “ours.”
- Shared debts — if your spouse takes on debt, creditors can claim against your shared assets
- Consent required — you need your spouse’s written permission for selling property, taking credit, and suretyship
- Business exposure — your spouse effectively co-owns your business
- Insolvency risk — if your spouse is declared insolvent, the entire joint estate is affected
For a detailed legal breakdown, see our comprehensive guide at antenuptialcontracts.co.za.
Not Married Yet? You Can Avoid This
A marriage contract signed before your wedding lets you marry out of community of property — with or without accrual. Simple, affordable, takes days.
Cost: R1,950 all-inclusive. Compare that to a High Court application after the wedding (R15,000–R25,000).
Already Married In Community of Property?
It’s not too late to change — but it requires a High Court application. The process takes 3–5 months and costs significantly more.