Matrimonial Properties Act Flashcards
Section 3(1)
1) 1) A spouse in a marriage in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse
Section 3(2) of the MPA
1) The right to claim in terms of the accrual system remains merely a possible contingent right during the marriage.
2) The right only becomes vested at dissolution.
Section 4(1) of the MPA
1) The accrual of the estate of a spouse is the amount by which the net value of the estate at the dissolution of the
marriage (end value) exceeds the net value of the estate at the conclusion of that marriage (the commencement
value).
Section 8(1) of the MPA
1) The applicant’s right to share in the accrual at dissolution is seriously jeopardized by the conduct of the others spouse.
2) That their right will probably be seriously jeopardized by
the intended conduct of the other spouse; 3) That other persons will not be jeopardized by the application.
4) The relief the court may grant:
4.1) An unequal division of the accrual to compensate the prejudice spouse for loses already suffered.
Section 15 of the MPA
1) A spouse in a marriage in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse
Section 15(9)(a) of MPA – Bona fide 3rd Party
1) Spouse enters into transaction with 3rd party contrary to
consent requirements.
2) If the 3rd party does not know and cannot reasonably know that the transaction is contrary to consent requirements
3) Then the transaction is deemed to have been entered into WITH REQUIRED CONSENT
Section 15(9)(b) of MPA – Protection for spouse whose consent
was required
1) Spouse who enters into the transaction who knows or ought reasonably to know that he will probably not obtain
consent required from other spouse; and
2) The joint estate suffers a loss as a result of the transaction
3) Then an adjustment must be effected in favor of the other spouse upon division of the joint estate
Section 16(1) of the MPA
1) This subsection authorizes a court to give a spouse leave to enter into a transaction without the consent of his or her spouse in the following two cases:
1) Where the other spouses withholds his or her consent for the transaction unreasonably.
2) Where the consent can for any other reason not be obtained and where good reason exists not to require the consent.
Section 16(2) of the MPA
1) If it is necessary to protect the interest of a spouse in the joint estate, the court can suspend any power indefinitely or definitely
Section 17(3)
1) However, this section provides for the possibility of an order awarding costs against a spouse which instituted or defended legal proceedings without the
required consent. Costs to be recovered from separate estate of spouse.
2) Court may order that costs be recovered from separate estate of spouse.
3) If the costs are recovered from the joint estate it may
result in an adjustment upon division
Section 18(a) of the MPA: Delict by 3rd Party against 1 spouse
1) Any amount recovered by him or her by way of damages,
other than damages for patrimonial loss,
2) By reason of a delict committed against him or her,
3) Does not fall into the joint estate but becomes his or her separate property
Section 18(b) of MPA: Delict by Spouse Against Other Spouse
1) He or she may recover from the other spouse damages in respect of BODILY INJURIES suffered by him or her; and
2) Attributable either wholly or in part to the fault of that spouse; and
3) These damages do not fall into the joint estate but become the separate property of the injured spouse.
4) Satisfaction and Patrimonial damages received from the spouse for bodily injuries fall into separate estate
Section 19 of MPA
1) Spouse held liable for a delictual debt
2) There is a specific order of recovery.
3) First Recover from separate estate of debtor and if insufficient then from the joint estate.
4) Provision for an adjustment at the division of the joint estate if any amount was recovered from the joint estate.
Section 20(1) of MPA
1) This sub-section makes it possible for a spouse to apply for the immediate division of the joint estate during the
existence of a marriage.
2) The application will be successful
only if the court is satisfied that:
3) The spouse’s interest in the joint estate is seriously being prejudiced by the conduct of the other spouse; or
4) The spouse’s interest in the joint estate will probably be seriously prejudiced by the proposed conduct of the other spouse;
Section 21 – Voluntary Applications for Alteration
1) Spouses must make a joint application;
2) Sound reasons must be given for the application.
