Conference Resolutions - Centre for Conveyancing Practice

Item 11 - Registration in name of partnership - parties married in community of property
Scenario Where parties are married in community of property and have entered into a
partnership, there should be no objection to the registration of immovable
property in the name of the partnership. A person married in community of
property is entitled to enter into a partnership agreement with another person.
Question Why should they be prevented from entering into such an agreement with each
other?
Resolution From a registration point of view there is no prohibition against the registration of
immovable property in the name of a partnership where two partners are married
in community of property to each other - (RCR3/2005).
Scenario Parties married in community of property to each other are each entitled to one
half share in the assets of the joint estate.
Question May the partnership agreement read that each partner has a different share in
the partnership?
Resolution The common law position regarding the share of each party to a marriage in
community of property cannot be changed with a partnership agreement. The
property must be vested in the name of both spouses married in community of
property to each other i.e. “…. carrying on business in partnership as …..” -
(RCR5/2006).
Question May parties married in community of property enter into a partnership with each
other?
Resolution Yes. 5
Item 17 - Nature of marriage
Scenario A conveyancer may certify with regard to the nature of a marriage, if the identity
document/marriage certificate is silent regarding the nature of the marriage.
Question May the conveyancer certify in the first instance as to the nature of the marriage,
or may he/she only certify that the identity document/marriage certificate is silent
about the nature?
Resolution The marriage certificate will suffice unless it is silent regarding the
nature of the marriage. In this instance an affidavit by the party/parties must be
lodged - (RCR4/2006). (Most marriage certificates are silent regarding the
nature of the marriage. This means that where the marriage certificate is silent
regarding the nature of the marriage, an affidavit by the couple must be lodged
stating the nature of their marriage, for example whether they are married in or
out of community of property, according to muslem or hindu customs, or the laws
of a foreign country, etc.).
Item 17 - Proof of Customary Marriage
Question What proof must be lodged that a valid customary marriage, in terms of the
Customary Marriages Act 120 of 1998, exists?
5 Registrars’ conference resolution 8 of 2007 whereby RCR3/2005 and RCR5/2006 were confirmed.
February 2012 Self-Study Deeds Course
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