The legal truth – what it means to change your property regime

Have an Ante-Nuptial Contract in place

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It is not uncommon for people to want to change their property regime. When we deal with legal matters of this nature, we urge people to make sure that they understand the process and what it means going forward once this has been done.

The usual process to be married out of the Community of Property is to enter into an antenuptial contract before the marriage. The contract will have clauses in it stating:

That there shall be no community of property;
That there shall be no community of profit or loss; and
That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984, is expressly excluded from the marriage.

However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here, you will make use of section 21 of the Matrimonial Property Act 88 of 1984.