Common marital arrangements and what they mean…

What does it mean to be married In Community of Property?

This is a marital arrangement where the spouses share their estates during the course of the marriage and when it ends, the surviving spouse is entitled to half of the joint estate. The remainder of the estate is distributed in accordance with the will of the deceased spouse. If you do not enter into an ante-nuptial contract you are automatically married in community of property.

What does it mean to be married Out of Community of Property?

This is a marital arrangement where both spouses have separate estates during the existence of their marriage and do not share each other’s profits or losses during or after the marriage (whether the marriage ends by divorce or death). You must enter into an ante-nuptial contract to be married out of community of property.

What does it mean to be married Out of Community of Property subject to the accrual system?

This is a marital arrangement where once the marriage is dissolved; neither spouse will be liable for the other spouse’s debts. However, the parties have to share what they have acquired together during the existence of the marriage. You must enter into an ante-nuptial contract to be married out of community of property subject to the accrual system.