To change a matrimonial property regime from out of community of property to in community of property in South Africa, the following key requirements and steps are involved:

Application to the High Court

The spouses must jointly apply to the High Court for permission to change their matrimonial property regime. This application must include:

• Sound reasons for the proposed change, fully motivated
• Explanation of why no other person will be prejudiced by the change
• Full disclosure of the parties’ financial positions, including detailed lists of assets, liabilities, and creditors
• Statements about any past sequestrations or pending litigation involving creditors

Notice Requirements

• Notice must be given to the Registrar of Deeds
• The proposed change must be published in the Government Gazette and two local newspapers at least two weeks before the court hearing
• All known creditors must be notified by certified post or by hand

Drafting a Postnuptial Contract

• A notary public must prepare a draft postnuptial contract outlining the new matrimonial property regime
• This draft contract must be attached to the court application

Court Approval

The court must be satisfied that:

• There are sound reasons for the change
• Sufficient notice has been given to creditors and interested parties
• No other person will be prejudiced by the change

Registration at the Deeds Office

If the court approves the change:

• The court order must be registered at the Deeds Office
• This registration finalizes the change and makes it enforceable against third parties

What Parties Must Allege

In their application, the parties should allege:

• Their current matrimonial property regime is out of community of property
• They have mutually agreed to change to in community of property
• Sound reasons for wanting this change (e.g., financial planning, shared business interests, etc.)
• They understand the implications of the change
• No creditors or other parties will be prejudiced by the change
• They have provided full and accurate disclosure of their financial positions
• They have complied with all notice requirements
• The change is in their best interests and aligns with their current circumstances and future plans

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