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Question
Posted by: mmami | 2008/01/25

out of community of property

I met the guy 3 months ago and we are so much in love. he wants us to get married in december this year.

i earn a gross salary of R10 000 and he earns R40 000 gross salary per month. he has a jeep and a big house, plus he has a PHd.

i was thinking that maybe we should marry out of community of property so that his money and assets remains his.

im not after his money but after a good and happy marriage. as long as he can provide for me its ok. is this ok or im wrong?

please advice

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Our expert says:
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Dont be in such a hurry ! Do you really need to rush into marriage with someone you've only known for 3 months ? It might seem to people that you might indeed be motivated by the money. IF you do indeed love each other sincerely, surely you will still love each other just as much in a year's time ? As for the issue of comunity of property, that's way outside my expertise, and you'd be wise to consult a lawyer and discuss the implications of this carefully. Maybe other readers can comment based on their own personal experiences ?

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Our users say:
Posted by: mmami | 2008/01/25

thanks a lot for the advice.

I am not in a hurry to marry him and will give it some time. I think its important that we spend quality time together and maybe after 2years we can get married.

my sister married his hubby after 9months of dating.

but i want to take it easy and do things rite.

Reply to mmami
Posted by: df | 2008/01/25

Marriage in community of property is a pain, not to mention a really stupid thing to do. You have to constantly co-sign for everything. Something simple like opening a clothing account is even a pain as you need the spouse's approval.

If you marry in community of property, there are 2 options:
1. With accrual - you keep you assets pre-marriage and what ever is earned/accumulated during the marriage is owned jointly. When u divorce you can the acrrued belongings 50/50.
2. Without accrual- all assets are keep seperatley, even after marriage. i.e. whats urs is urs and mine is mine

The choice will depend on ur financial situation. If either owns a business it is often wise to keep the fiances or property seperatly so that either spouse is protected. Speak to a laywer and they will advise you.

Besides all the legal jargon, I also think that marrying after 3months is too soon. Be careful as marriage is supposed to be for life. Make sure you know and trust this guy!

Best of luck!

Reply to df
Posted by: Nia | 2008/01/25

Never marry out of community of property! You may have kids with this guy, and if something goes wrong, you will need his money/house/car to raise the kids. If you do get divorced, and you do not want or need his money, you dont have to take it and you dont have to stick to the marital agreement. But if you do need it to raise kids - you must be entitled to it.

Once you are married you cannot change the agreement easily. Rather play it safe.

Reply to Nia
Posted by: Lolo | 2008/01/25

dear u just met this guy, i think u need to be sure about what u wanna do now because merriage is life time.

you need to see a lawyer to do a contact but you also need to discuss it with him first and find out how he feels about that.

Reply to Lolo

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