+ What is the procedure to transfer a property?
+ How long will the property transfer take?
Under ideal circumstances a transfer takes between 50 and 65 days. The following aspects influence the period of transfer of a property:
+ What are the costs to transfer a property?
There should be a distinction between professional fees and disbursements made by the conveyancer on behalf of the parties.
The professional fees charged by the conveyancer are in accordance with national guidelines prescribed by the Law Society of South Africa. This prescribed tariff makes provision for a sliding scale based on the purchase price of the property. The purchaser usually pays the professional fees, but the parties can contract otherwise.
The conveyancer collects the following funds before registration from the seller and purchaser:
From the seller
From the purchaser
Transfer duty is currently calculated as follows based on the purchase price / fair market value:
+ Does a Ante Nuptial Contract need to be Notarised and Registered to be valid?
Feel free to contact our office should you have any further questions in this regard
+ Why an ante nuptial contract?
+ Ante Nuptial Contract With or Without Accrual?
The right to share in the Accrual of the other spouse's estate only arises on dissolution of the marriage by death or divorce, or if the court orders otherwise. The right of a spouse to share in the Accrual of the estate of the other spouse during the subsistence of the marriage, is not transferrable or liable to attachment. During the marriage separate estates exist. Each spouse manages their own estate, and can freely alienate, or otherwise manage their affairs.
+ What Are Inception Values?
Inception values are the net commencement values of the partners’ estates, calculated as a sum of money, and represents the value of the assets of the estates at the commencement of the marriage.
Inception values are declared at the inception of the marriage, so that on death or divorce, the parties may typically exclude the values they started with to determine whose estate has grown the most, and by how much. This is particularly relevant where the antenuptial contract is subject to accrual sharing, so that the spouse whose estate has grown the least gets to share in the growth of the other spouses’ estate.
+ I have lost my Ante Nuptial Contract - Now what?
We offer a service to anyone that has lost their contract, by appling for a copy of your registered contract from the Deeds office records.
+ Pre Marriage Debt?
What happens if either my partner or I am coming into the marriage with debt?
Ante Nuptial With Accrual
To solve this problem we include a clause that says that if either of you are insolvent at the end of the marriage, then the marriage is automatically without accrual, resulting in the party who has money keeping their money, and the other party keeping their insolvent estate.
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