How do marriages in and out of community of property affect signing capacity?

Married in community of property • Joint estate • Spouses are required to sign the Offer to Purchase, alternatively, a spouse can consent to the other signing when Selling or Buying a Property. Q: one spouse acquired property prior to the marriage, and subsequently gets married in community of property, who owns the Property? A: The new spouse automatically becomes a co-owner of the property and no transfer is required. Married out of community of property • Individual estates • Spouses may Buy or Sell Property in their own names, the signature of the other spouse is not required. Q: If the one spouse bought property, prior to the marriage out of community of property, who does it belong to? A: The individual estate of the Spouse who bought the property. It is important to know the marital regime of Parties when buying or selling of Property to ensure a valid OTP. _By Chana Finger from Kruger Attorneys & Conveyancers Inc_