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Posts from 2025

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Why Buyers & Sellers Should Only Ever Pay Into the Attorney's Trust Account

When buying or selling a property, large sums of money inevitably change hands. Deposits, purchase prices, transfer costs, commissions - the amounts are significant, and so are the risks. Unfortunately, property transactions are one of the biggest targets for fraud and misappropriation of funds in South Africa. That's

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What is the Difference Between an Attorney, Advocate, Conveyancer & Notary?

When you need legal help, you might wonder: Do I need an attorney? Should I be speaking to an advocate, conveyancer, or even a notary?

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Can You Sell a Property Without a Compliance Certificate in South Africa?

When selling property in South Africa, one of the most common questions is: Do I need a compliance certificate before I can transfer the property?

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Buying a Property Holding Entity: Transfer of Shares vs. Transfer of Property

When it comes to acquiring property, most buyers think of the traditional route: purchasing the property directly and registering it in their personal name or in a company. But there's another method that can sometimes offer strategic advantages - buying the company that already owns the property.

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When Does Transfer Duty or VAT Apply to a Property Transfer?

Buying a property in South Africa always comes with additional costs, and one of the most common questions is: Do I pay transfer duty, or is VAT included?

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How Long Does The Property Transfer Process Take in South Africa?

One of the first questions buyers and sellers ask is: How long will the transfer of property take?

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Section 9 of the Divorce Act: Can You Claim More Than 50% in a Divorce?

In South Africa, if you are married in community of property, the default position is simple: when you divorce, the joint estate is divided equally. Each spouse walks away with 50% of the assets - and 50% of the debts.

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The Hidden Dangers of Community of Property Marriage in South Africa

When couples marry in South Africa without signing an antenuptial contract, they automatically fall under the default system: marriage in community of property.

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Divorce in Community of Property: Who Gets What?

Divorce is never easy, and one of the most stressful questions couples face is: Who gets what? In South Africa, the answer depends largely on the marital regime. If you did not sign an antenuptial contract before marriage, you are automatically married in community of property.

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What Does an Interdict on a Property Mean?

When buying, selling, or even developing property in South Africa, one term you may come across is an interdict. But what does it really mean, and how can it affect your rights as a property owner or buyer?

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Selling a Property from a Deceased Estate

When someone passes away, their assets - including immovable property - form part of their deceased estate. If the property is to be sold, it cannot be treated like an ordinary sale. There is a defined legal process that must be followed before transfer can take place. Understanding the steps upfront helps families, he

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Can You Exclude Assets from a Spouse in a Community of Property Marriage?

Marriage is not only an emotional commitment - it's also a financial one. In South Africa, unless couples sign an antenuptial contract, the default marital system is community of property. This means that everything each spouse owns before and during the marriage (with very limited exceptions) falls into a single, join

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