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104<br />

A debt which Mary incurred before her marriage in community of property<br />

<strong>to</strong> John, is claimed from her after <strong>the</strong> marriage has been dissolved. She<br />

pays <strong>the</strong> debt and now asks you whe<strong>the</strong>r she has a right of recourse against<br />

John (her former spouse). Advise her.<br />

SUMMARY<br />

In this <strong>study</strong> unit you learned<br />

. when a marriage is in community of property<br />

. what universal community of property means<br />

. what <strong>the</strong> joint estate of <strong>the</strong> spouses consists of<br />

. that although <strong>the</strong>re is only one joint estate when spouses marry in<br />

community of property, <strong>the</strong> spouses may also own separate property,<br />

which does not form part of <strong>the</strong> joint estate<br />

. how debts must be recovered from spouses who are/were married in<br />

community of property<br />

In <strong>the</strong> next <strong>study</strong> unit we shall discuss <strong>the</strong> way in which <strong>the</strong> spouses' joint<br />

estate must be administered.

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