Community of property marriage: Benefit forfeiture: [an Article by Durban Divorce Attorney: Fawzia Khan]
Being married in community of property means that when the marriage is dissolved either on death or divorce, the joint estate of the parties is then divided and shared equally between them. This means all the assets as well as the debts of the joint estate is shared. If the marriage ends in divorce on the ground of the irretrievable break-down of a marriage, the court can order that the assets in the joint estate (referred to patrimonial benefits) be forfeited by one spouse in favour of the other.
Needless to say, the court will only consider making such an order in the following circumstances. It will take into account how long the parties were married, the circumstances which gave rise to the break-down and any substantial misconduct on the part of either of the parties. The court will also be required to consider that position that, if the order for forfeiture is not made, the one party will in relation to the other be unduly benefited.
The Original, Full article can be Viewed here: → Married in community of property: When can you claim a forfeiture of benefits? (findanattorney.co.za)