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"The law says that if you don't sign an antenuptial contract, the property automatically becomes part of the joint-estate" - Director at STBB Attorneys, Hopewell Sathekge details impact of customary law in property ownership

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The conclusion of lobola negotiations symbolises the formal union of two families, and once the negotiations are concluded the couple is considered as married under the Recognition of Customary Marriages Act (1998). This also means, unless otherwise stated in an antenuptial contract, couples are in fact married in community of property, and that assets – like a home or car –and liabilities – like debt – are equally shared. While this deeply rooted tradition is widely embraced, fewer people are aware of how customary marriage (or marriage in community of property) can impact current and future homeownership.  Bongiwe Zwane spoke to Director at STBB Attorneys, Hopewell Sathekge 

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