THE RISKS OF BEING MARRIED IN COMMUNITY OF PROPERTY

THE RISKS OF BEING MARRIED IN COMMUNITY OF PROPERTY

Matrimony is a momentous and transformative occurrence in an individual’s existence, signifying affection, dedication, and collaboration. Couples can select the legal system that will oversee their marriage in many regions of the world. Getting married under the community of property system, which combines the assets and obligations of both spouses, is one such alternative. This arrangement carries a certain amount of risk in addition to potential benefits.

1.  Shared Debts: The sharing of debts is one of the biggest hazards of marriage in a community of property. Even if they were not directly involved in the debt’s incursion, the other spouse bears equal responsibility for any significant debts that one spouse accrues during the marriage.

2.   Legal Liability: In a community of property, married partners may be regarded equally accountable for debts owed to creditors or other legal matters.

3.  Equitable Asset Distribution: In the event of a divorce, the spouses usually split all assets gained during the marriage equally. If one partner has contributed more financially or brought more assets into the marriage, this could be especially troublesome.

4.  Loss of Financial Independence: When two people get married in a community of property marriage, they may lose their own financial independence because of sharing financial resources. For certain financial decisions, either spouse might need the approval of the other, which can be restrictive for people who respect their independence.

5.   Restricted Estate Planning alternatives: Community of property marriages can result in fewer alternatives for estate planning. If one spouse passes away, the surviving spouse might not be able to choose certain beneficiaries for some assets or property since those might be divided equally by default.

In summary, although in community of property marriages may be a good option for certain couples, it’s important to understand the risks involved. Effectively managing these possible problems requires careful financial planning and honest communication between spouses. To fully understand the ramifications and make an informed decision that fits with your unique financial goals and values, it is recommended to obtain legal and financial guidance prior to entering into this kind of marital arrangement.

Contact us today to schedule a consultation. You can reach us on 011 897 1900, 076 777 1920 or email our offices at info@tuckers.co.za.

 

Article contributed by Gizelle Dijkstra of Tuckers Attorneys.