HiI am asking on behalf of my mother, sh...

Asked by netshi on 09-02-2021 16:43:16
Question posted in the Property Law category relating to Gauteng


I am asking on behalf of my mother, she wants to go into property rental and become a landord, however the problem she is worried about is her marital law. She is married in-community of property with my dad but my dad is also married in community of property to another 2nd wife. Now her issue is if she passes away the property will be left to my dad and the other half to the 2nd, however she wants to buy it under her name but ammend the will such that the 2nd wife doesnt get the property, is that possible? The other option was to buy it under her children's names, but they are females and they are also married in community of property, however, there is me the male child, she wants to know if there is a way to buy it under my name with conditions that she is still the sole owner until death and such that when i marry I sign a prenup to share the property with my siblings. Is all these possible?, kindly advice please. 

Information Requested by Lawyer

Posted by Att. Patrick on 10-02-2021 12:21:15

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

I don't understand how your dad can be married to two women at the same time, in community of property. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.