In terms of the Alienation of Land Act, either spouse can sign the Agreement of Sale for the acquisition of immovable property and in so doing bind the joint estate. However, it is better to obtain the signature of both Purchasers, for various reasons.
Obviously that spouse is binding the joint estate and the property will have to be transferred to the joint estate. The Purchaser’s spouse will therefore have to co-sign all the transfer and bond documents, if applicable.
However, where Sellers are married in community of property, either spouse may sign but the written consent of the other spouse is required. Practically, both spouses should sign the Agreement of Sale as the law does not permit the consent to be given by way of ratification at a later stage.