| Marital property regime | | |
| What is the default marital property regime? | Separation of property | Married Women's Property Act, 1882
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| Who legally administers joint marital property? | The original owner | Married Women's Property Act, 1882
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In principle, under a separation of property regime, each spouse retains his or her personal property, at the time of dissolution of marriage. However, the Matrimonial Causes Act of 1973 establishes that the court will decide whether or not to give a particular order to divide the property in a particular way. That decision will be made taking into account the matters mentioned Part II of said Act. In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | The original owner | Matrimonial Causes Act of 1973
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| 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? | No | Married Women's Property Act, 1882
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| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | No restriction could be located.
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| If joint titling exists for married couples, is it the default for marital property? | No | Married Women's Property Act, 1882
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | No restriction could be located.
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | No restriction could be located.
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| Do married men and married women have equal ownership rights to moveable property? | Yes | Married Women's Property Act, 1882
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | Married Women's Property Act, 1882
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Administration of Estates Act, 1925, Part IV Distribution of Residuary Estate
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Administration of Estates Act, 1925, Part IV Distribution of Residuary Estate
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| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Inheritance (Provision for Family and Dependants) Act 1975
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| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Inheritance (Provision for Family and Dependants) Act 1975
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| 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 | Inheritance (Provision for Family and Dependants) Act 1975
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