A recent Constitutional Court judgment has clarified how customary and civil marriages affect property ownership, highlighting important consequences for homeownership in South Africa. The ruling confirms that couples cannot change the legal rules governing their marriage simply by entering into a civil marriage or signing an antenuptial contract after they are already married under customary law. Legal firm, Cliffe Dekker Hofmeyr says, this decision highlights the importance of proper due diligence by property owners, purchasers, and conveyancers, particularly where customary marriages are involved. To unpack this, Elvis Presslin spok to Sune Kruger, Director in the Real Estate Law & Conveyancing practice at law firm, Cliffe Dekker Hofmeyr

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