| Marital property regime | | |
| What is the default marital property regime? | Full community of property | Case Law
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| Who legally administers joint marital property? | Both spouses | Married Person Equality Act of 1996, Sec. 1, 2 and 5
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| In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Both spouses | Married Persons Equality Act of 1996
Case law |
| Joint titling | | |
| For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | Yes | Case Law
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| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | Deeds Registry Act No. 47/1937, Sec. 17
Case Law |
| If joint titling exists for married couples, is it the default for marital property? | Yes | Deeds Registry Act No. 47/1937, Sec. 17
Case Law |
| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | Constitution of the Republic of Namibia, Art. 10 and 16
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | Constitution of the Republic of Namibia, Art. 10 and 16
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| Do married men and married women have equal ownership rights to moveable property? | Yes | Married Person Equality Act of 1996, Sec. 5
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | Married Person Equality Act of 1996, Sec. 5
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Under full community - the default marital property regime - one half of all the household's property belongs to wife and the other half to the husband. The part belonging to the surviving spouse is not part of the estate, therefore is not divided between the heirs. Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Succession Ordinance 12 of 1946
Estates and Succession Amendment Act of 2005 |
| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Succession Ordinance 12 of 1946
Estates and Succession Amendment Act of 2005 |
| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Married Persons Equality Act of 1996
Estates and Succession Amendment Act of 2005 |
| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Married Persons Equality Act of 1996
Estates and Succession Amendment Act of 2005 |
| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Married Persons Equality Act of 1996
Case Law |