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Legal Services

All homebuilders must register under New Housing Bill

In terms of the new Bill, any homebuilder or developer who undertakes or commissions the building of a home must apply for registration with the National Homebuilders' Regulatory Council (NHRC)

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Customary Marriage in South Africa & the Division of Joint Estate

A customary marriage in South Africa refers to a marriage that is negotiated, concluded or celebrated according to indigenous African customary law.

With customary marriages, there is often some confusion around the legal right to make claims on the matrimonial property after the marriage has ended.

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Dual Ownership of Property - Transferring Shared Ownership

There are many benefits of entering into a dual ownership of property, especially when individual finances don’t allow for single ownership of a home or property.

However, there are complications when it comes to one or more parties involved in the co-ownership of property deciding to cancel the original arrangement.

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Intestate Succession – What Happens if You Don’t Leave a Will?

If you die without leaving a will in South Africa, the rules of intestate succession will apply as stipulated in the Intestate Succession Act 81 of 1987.

Any person above the age of 16 is entitled to make a will which determines how his or her estate should be distributed upon death.

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Legal Implications of Selling after you Transfer Property to a Minor Child

If you are looking to transfer property to a minor child, it’s important to be informed about the challenges you might face should you want to sell the property after it has been transferred.

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Registering an Antenuptial Contract in South Africa

Before registering an antenuptial contract, the agreement needs to be notarised by a practicing notary attorney who has no personal relation to either one of the spouses.

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The Benefits of an Antenuptial Contract

An antenuptial contract is an agreement entered into by two people, who intend on getting married, before the actual marriage takes place.

Should the couple fail to enter into a valid, notarised antenuptial contract before their marriage, they will, by default, be married in community of property.

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Asset Accrual Calculation – Accrual System on Divorce

Accrual is defined as the accumulation or increase of something over time. When referring to marriage out of community of property with accrual, we refer to a type of contract entered into by the couple before solemnising their marriage.

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The Rental Housing Act - The Tenant and Landlord Relationship

Once the new legislature comes into force, landlords have 6 months to ensure they comply with all the requirements of the amended Rental Housing Act.

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Property Transfer Costs – What You Need to Know

When buying a home, property transfer costs are a part of the process that simply cannot be avoided and often catch first time buyers off-guard and unprepared financially.

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