, LPL4804 Assignment 1 (COMPLETE ANSWERS) Semester
2 2026 - DUE 12 August 2026; 100% Correct solutions and
explanations.
Question 1
Introduction
Sarah and Steven concluded a valid customary marriage on 1 June 2026 and
did not enter into an antenuptial contract. The legal consequences of their
marriage depend on the provisions of the Recognition of Customary
Marriages Act 120 of 1998 (RCMA) and the Deeds Registries Act 47 of
1937 (DRA). Since no antenuptial contract was concluded, the marriage is
presumed to be in community of property, provided it is a monogamous
customary marriage. Consequently, property owned by either spouse before
the marriage becomes part of the joint estate unless the law provides
otherwise (Recognition of Customary Marriages Act 120 of 1998, s 7(2)).
Steven is the registered owner of Erf 3033 Bryanston Township, which he
acquired before the marriage under Deed of Transfer T1422/2023. The
couple now wishes to amend the title deed so that Sarah's name also appears
as a registered owner.
Applicable Legal Principles
Status of the Marriage
Section 7(2) of the Recognition of Customary Marriages Act 120 of 1998
provides that a customary marriage entered into after the commencement of
the Act, where the spouses have not entered into an antenuptial contract, is a
marriage in community of property and of profit and loss.
This means that from the date of marriage:
• Both spouses become equal owners of the joint estate.
• Assets owned by either spouse generally become assets of the joint
estate.
2 2026 - DUE 12 August 2026; 100% Correct solutions and
explanations.
Question 1
Introduction
Sarah and Steven concluded a valid customary marriage on 1 June 2026 and
did not enter into an antenuptial contract. The legal consequences of their
marriage depend on the provisions of the Recognition of Customary
Marriages Act 120 of 1998 (RCMA) and the Deeds Registries Act 47 of
1937 (DRA). Since no antenuptial contract was concluded, the marriage is
presumed to be in community of property, provided it is a monogamous
customary marriage. Consequently, property owned by either spouse before
the marriage becomes part of the joint estate unless the law provides
otherwise (Recognition of Customary Marriages Act 120 of 1998, s 7(2)).
Steven is the registered owner of Erf 3033 Bryanston Township, which he
acquired before the marriage under Deed of Transfer T1422/2023. The
couple now wishes to amend the title deed so that Sarah's name also appears
as a registered owner.
Applicable Legal Principles
Status of the Marriage
Section 7(2) of the Recognition of Customary Marriages Act 120 of 1998
provides that a customary marriage entered into after the commencement of
the Act, where the spouses have not entered into an antenuptial contract, is a
marriage in community of property and of profit and loss.
This means that from the date of marriage:
• Both spouses become equal owners of the joint estate.
• Assets owned by either spouse generally become assets of the joint
estate.
