28/09/2026
Can one spouse sign an Offer to Purchase property alone?
When spouses are married in community of property, the rules around buying and selling immovable property aren’t always as straightforward as they may seem.
While spouses generally have concurrent powers to administer the joint estate, the Matrimonial Property Act 88 of 1984 requires spousal consent for certain transactions.
But what happens when one spouse signs an Offer to Purchase?
In her latest article, Carla de Sousa unpacks the rules surrounding spousal consent, including:
• Selling immovable property from the joint estate
• When written spousal consent is required
• The distinction between cash purchases and instalment sales
• What this means for buyers, sellers and estate agents
• Practical considerations before signing an Offer to Purchase
Understanding the applicable matrimonial property regime from the outset can help prevent unnecessary complications and costly disputes later in the transaction.
Read the full article by Caral on our website, link in bio.
RealEstateLaw OReillyLaw