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Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa

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Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa

Sune Kruger, Director in the Real Estate Law & Conveyancing practice, was recently featured on SAFM with Elvis Presslin, where she discussed the importance of conducting proper due diligence in property transactions involving customary marriages. The discussion followed a Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa.

14 Jul 2026 06:20 Minutes Radio interview
Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa

Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa

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Constitutional Court ruling that clarifies how customary and civil marriages affect property ownership in South Africa

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Sune explained that the Constitutional Court confirmed that a customary marriage is not dissolved when the spouses subsequently enter into a civil marriage. Instead, the relationship is regarded as a single, continuous marriage, with the civil marriage simply formalising the existing union. She noted that if the spouses did not enter into an antenuptial contract before concluding the customary marriage, they are married in community of property and remain so unless a court authorises a change to their matrimonial property regime.

Sune added that a matrimonial property regime can only be changed through a formal court application in terms of section 21 of the Matrimonial Property Act. To obtain approval, the parties must satisfy the court that there are sound reasons for the proposed change and that creditors have been given proper notice, ensuring that the amendment does not prejudice their interests.

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