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The different marital regimes in South Africa determine which spouse owns what and who owes any debts, either jointly or separately as individuals.
- Married in community of property: you share everything you own and owe, jointly owning all assets and jointly liable for debts.
- Married out of community of property with the accrual system: you own the assets you had before the marriage, share what you accumulate during the marriage, but are responsible for your own debts.
- Married out of community of property without the accrual system: you have individual financial ownership of assets and are responsible for your debts, before, during and after the marriage – no sharing.
Read on for the pros and cons of each regime before picking the right one for you and your partner.
When you say “I do,” you’re not just joining hearts, you’re joining lives. That includes the cars, the home, the savings… and yes, sometimes the debts. In South Africa, the way you’re married determines how all of this is shared – or not. With thousands of couples tying the knot this wedding season, now is the time to talk about how your marriage will shape your financial future, so love and money start off on the same page.
Three types of marriage contracts or ‘regimes’
| In community of property | You and your spouse jointly own all assets and are jointly responsible for all debts |
| Out of community of property with the accrual system | You each owe your debts but own the assets you had before the marriage and you jointly own what you accumulate during the marriage |
| Out of community of property excluding the accrual system | There is no joint ownership of assets and you cannot be held liable for your spouse’s debts |
Married in community of property (COP)
This will be how you are married unless you visit a lawyer and sign a marriage contract stating otherwise. In COP the couple share everything, jointly owning assets and jointly owing any debts. That big house your spouse owns? Once you tie the knot, you own half of it. But you are jointly responsible for the home loan taken out on the house.
The good: you share everything. And, of course, if one partner has more wealth, you share in this, which may seem fair when you commit to each other for life.
The bad: you can be liable for big debts if you split up.
You decide: research shows that merging finances often results in a happier marriage, but over 40% of people hide expenses from their spouses. Marrying in COP shows complete trust, but if a partner hides money or racks up debt, you could be liable.
Married out of community of property with the accrual system
What’s yours is yours, and your partner’s is theirs. However, with the accrual system, you equally share what you accumulate during your marriage. If you buy a house for R1 million when you are married, and you split up or a partner passes, you are entitled to half of that property. Your debts, however, are not shared, so you won’t be liable for a partner’s debts unless you stood surety or gave a guarantee
The good: you share what you make together, but keep what you had before and after. It’s fair when one partner stays home, and you don’t share debts, which is useful if one partner overspends.
The bad: You have to visit a lawyer and draw up a contract, specifying that you are married out of community of property. Does that count as a bad?
You decide: popular because it feels fair. Just check which assets you own beforehand, so the division is clear if you sell.
Married out of community of property, no accrual system
There is only individual ownership of assets, no matter when they are acquired. If you buy a house for R2 million while you are married, and you own it outright, during and after the marriage.
The good: you get to keep everything you own and worked hard to acquire.
The bad: harsh on partners who stay home or earn less. They can end up with nothing should the marriage end. You also have to get a contract from a lawyer and state that you are married out of community of property and that you exclude the accrual system. If it is not excluded in writing in the contract, it will apply.
You decide: best if you value financial independence, have built up assets, or want to leave them to children from another relationship.
Quick questions
When should you sign a marriage contract?
Before you get married, if you want to marry out of community of property with or without the accrual system. Visit a lawyer, sign the contract, and keep it safe. No contract is needed for community of property.
Can you change how you are married?
Yes. A lawyer and the High Court are involved, so it takes time and money.
What protection does marriage offer when one spouse dies?
- In community of property: you are entitled to half the estate.
- Out of community: each spouse leaves assets to whomever they choose.
- With accrual: the surviving spouse is entitled to half the assets acquired during the marriage.
If there is no will, assets are inherited under intestate succession.
What if I’m in a “common law marriage”?
Common law marriages are not recognised in South Africa. It’s treated as out of community with no accrual and no rights to your partner’s assets. To protect yourself, you’ll need a cohabitation agreement or court action, which is costly.
What are the other marital regimes?
Customary marriages, which include polygamous marriages, and Shari’ah Law. Both are similar to community of property. They must be registered at Home Affairs.
Is an ex always entitled to maintenance on divorce?
No. A spouse may claim if they were financially supported or dependent, but it isn’t guaranteed.
Do spouses have a claim on pension funds?
Yes. Pension funds must trace the dependents of a deceased member. On divorce, you may claim a portion of your ex’s pension fund, but this is not automatic. A lawyer is recommended.
Make the right money and marriage decision for you
A happy marriage is good for your health, and your wallet can benefit too. 80% of South Africans are satisfied with the love in their lives, but over 20 000 divorces occur every year, often because of financial disagreements. Get your marriage finances off to a good start by choosing the right marital regime for you and your partner.