Page:Matrimonial Property Act 1984.djvu/11

GOVERNMENT GAZETTE, 25 JULY 1984

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(2) Every deed executed or attested by a registrar, or attested by a notary public and required to be registered in a deeds registry, and made by or on behalf of or in favour of any person, shall—

state the full name and marital status of the person concerned;

where the marriage concerned is governed by the law in force in the Republic or any part thereof, state whether the marriage was contracted in or out of community of property;

where the person concerned is married in community of property, state the full name of his spouse; and

where the marriage concerned is governed by the law of any other country, state that the marriage is governed by the law of that country.

(3) Where a marriage in community of property has been dissolved by the death of one of the spouses before property which on transport or cession thereof would have formed part of the joint estate could be transferred or ceded, that property shall be transferred or ceded to the joint estate of the spouses, pending the administration thereof, and is, subject to the provisions of any disposition with regard to that property, deemed to be the joint property of the surviving spouse and of the estate of the deceased spouse.

(4) If immovable property forming part of a joint estate is registered in a deeds registry in the name of either the husband or the wife, the registrar shall on the written application of the husband or the wife, as the case may be, if he is satisfied as to the relevant facts, make a note on the title deed of that property, or if the title deed can for any reason not be produced to him, only on the registry duplicate thereof, and in the appropriate registers, to the effect that it is property in respect of which the provisions of section 15 (2) (a) of the Matrimonial Property Act, 1984, apply.

(5) The registration of a right to a mineral in the name of a husband and a wife according to the provisions of subsection (1) shall not be construed as constituting the division of any right to any mineral or minerals in respect of any land between that husband and wife into undivided shares, or an increase in the number of holders of undivided shares in any right to any mineral or minerals in respect of any land as contemplated in section 2 of the Mineral Laws Supplementary Act, 1975 (Act No. 10 of 1975).

(6) A woman married out of community of property shall be assisted by her husband in executing any deed or other document required or permitted to be registered in any deeds registry or required or permitted to be produced in connection with any such deed or document, unless the marital power has been excluded or unless the assistance of the husband is in terms of this Act or on other grounds deemed by the registrar to be unnecessary.”.

30. Section 25 of the Deeds Registries Act, 1937, is hereby amended by the substitution in subsection (3) for the expression “subsection (3) of section seventeen” of the expression “section 17 (1)”.