Matrimonial Property Act

October 11, 2021

CIVIL MARRIAGES UNDER THE BAA CONVERTED TO IN COMMUNITY OF PROPERTY

In the Edelstein judgment, which was handed down in 1952, the Appellate Division (as it then was) held that there is a rebuttable presumption that all […]
October 11, 2021

TRANSFER OF ASSETS BETWEEN SPOUSES: WHAT ARE THE TAX IMPLICATIONS?

Section 9HB of the Income Tax Act provides for a roll-over of a capital gain or loss when an asset is transferred between spouses during their lifetimes. […]
June 11, 2020

THE FULL ACCRUAL OF AN ESTATE DURING A DIVORCE

In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the […]
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