Law.A marriage contract in which the possessions of the partners are merged in a joint estate, and disposed of by means of a joint will.Cf. antenuptial contract.
[1810G. BarringtonAcct of Voy. 165By law also, a community of all property, both real and personal, is supposed to take place on the marriage of two persons, unless the contrary should be particularly provided against by solemn contract previously made.]
1861W.A. Newman inJ.S. MaysonMalays of Capetown 25The Cape colonial law, with regard to the disposal of property, differs greatly from the laws which obtain elsewhere; e.g., a man (whether Dutch or English, Malay or South African) marrying in the colony, without an ante-nuptial contract, immediately creates a partnership between himself and his wife. According to the colonial law he marries in ‘community of property,’ and one clear half of his estate becomes the property of his wife and her heirs.
1861W.A. Newman inJ.S. MaysonMalays of Capetown 26A is married according to the colonial law...His wife dies, leaving a number of children who are of age. They are entitled immediately to demand their maternal inheritance.
1887S.W. Silver & Co.’s Handbk to S. Afr. 328‘Community of property’..is..a partnership in equal shares in all the property belonging to the spouses, or either of them, before the marriage, or which shall be acquired during its subsistence.
1909J.F. Solly inState Aug. 190If married in community of property she has the protection of the joint will.
1927Act 38 inStat. of Union 332A marriage between Natives, contracted after the commencement of this Act, shall not produce the legal consequences of marriage in community of property between the spouses.
1930Outspan 25 JulyThere are two ways of getting married in South Africa as far as concerns the respective rights of the contracting parties in regard to their property...In Community of Property or Out of Community, and the latter method involves the entering upon and completing a document called an Ante-Nuptial Contract, in which the Community of Property is specially excluded.
1947E.R. SearyS. Afr. Short Stories 229By antenuptial contract the husband and wife retain control of their own property, but in community of property, as the name implies, their possessions are merged in one estate.
1973Weekend Post 7 July 6As he is joining me as a partner in our family business I think he should be married without community of property.
1986Reader’s Digest Family Guide to Law 239Whereas marriage without an antenuptial contract used to give rise to community of property and the marital power, it now gives rise to community of property and joint administration.
1990C. LaffeatyFar Forbidden Plains 597Hester and I were married in Community of Property...It means that everything I own belongs jointly to Hester, and if there were a divorce I’d have to split everything down the middle with her.
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