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.
I am married in community of property, but my wife bought a car without my consent, is this legal and I would like to know if who is liable for the debt.
What happens where the purchaser of immovable property, buys that the property with the assistance of the bank(mortgage), before property is transferred or he signs transfer/bond documents, he then gets married in community of property. Does the offer to purchase need to be amended? What is the situation with signing of bond and transfer documents?
The offer to purchase can be ratified by the other spouse in terms of Sec 15(4), which can be done by means of an addendum, signed by two witnesses.
In the event that transfer and bond documents have not yet been signed, subsequent to ratification, drafting and signature of transfer documents should then proceed in the normal course. I suspect however that the Bank may require you to re-apply for bond approval, since both spouses’ income will be taken into consideration.
In the event that transfer and bond documents have already been signed, but not yet lodged, the documents will have to be redrawn, since ratification is not permitted in these circumstance. Again, the Bank may require that you re-apply, since both spouses with have to be registered as mortgagors.