key to the study guide - Name

102
FEEDBACK
DEBTS OUTSTANDING UPON THE DISSOLUTION OF THE
JOINT ESTATE
Incurred before the marriage
Can only be recovered
from the original debtor
Uncertain whether the
original debtor has a
right of recourse
Voet, CronjeÂ
and Heaton:
right of
recourse for
half
Contractual debts Delictual and other
separate debts
Van der Keesel
and Reis v
Executors of
Gilloway: no
right of
recourse
Incurred in the course of
marriage
Can be claimed in full
from the spouse who originally
incurred the debt,
or half of the debt from
each spouse
If the spouse who originally
incurred the debt has
paid the full debt: right of
recourse for half of what
he or she has paid
If one of the spouses
possesses most of the assets
of the former joint
estate after its dissolution
(for example, due to a
forfeiture order having
been made against the
other spouse upon divorce),
the debt can be
claimed in full from him or
her without the other
spouse first being excussed.
Can only be claimed
from the spouse who
originally incurred the
debt
If the spouse who originally
incurred the debt
pays the full amount he
or she has no right of
recourse against the
other spouse