Reasons why one should avoid Marriage in community of property.
1.Marry out of community of property without accrual; one of the reason being that they should keep possession of the assets that they had before and during the marriage if it were to end in divorce or death.
2.On divorce, they can choose to give whatever asset the wish to give to their ex spouse (the other party on divorce), except for pension interest which cannot be shared in terms of this marital. regime.
3.A spouse can even choose not to give the other party any asset and is not liable for the other spouse's debts or liabilities. A party has freedom of choice in dealing with one's assets.
Those who think that the law is not fair in this regard should come and argue with me. God gave us the freedom to choose whatever we want, whether is life or death, do you remember this? Why then should this freedom to choose be taken away by marriage in community of property? The law gives us a choice of marrying in terms of different marital regimes.
It's your choice before entering into marriage that determines whether or not you will have freedom of choice in dealing with the assets that you had before and during the marriage, including your pension and retirement savings, if you were to divorce, or if your spouse were to be indebted or pass away.
Let's face reality, more than 40% of marriages end in divorce before their 10th year anniversary and your intended marriage may be one of them, maybe yours will not even last for one year. I once had a matter where spouses decided that enough was enough within one week of their marriage.
Then there are those who think that to marry in community of property shows that they love each other, that is nuisance. And there are also those who think that their marriages are special and immune from the brutal consequences of in community of property. Let me say that if you don't become a victim of in community of property, your children may.
And then our courts are filled with contested divorce of people who were once in love and who chose to marry each other in community of property but have now over time developed an attitude of 'he or she is not entitled to half of the joint estate, she came into this marriage with nothing, nobody is going to touch my pension, I bought this house before I even met her, she cheated, he is in an extramarital affair.
The choice on how assets and debts should be divided on divorce is no longer yours, if you are married in community of property, get that into your head.
If you chose community of property then share all the assets and debts equally, and also pay spousal maintenance; it was your choice of marrying in community and that is what has to follow legally.
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