Where the deceased spouse died testateIn terms of the Matrimonial Property Act 88 of 1984, you and your spouse own the property jointly by virtue of your marriage in community of property.
- A section 45 endorsement is an endorsement against the existing title deed of the property to the effect that you are entitled to deal with the property as if you had taken formal transfer of your deceased spouse’s half share. - A levy clearance certificate and homeowners clearance certificate, if applicable, will also need to be obtained.
Should your deceased spouse have bequeathed the property to another, the executor will then transfer the property to that other person. - If the deceased is survived by a spouse and descendants, the property will devolve upon the surviving spouse and descendants jointly in specific shares in terms of sections 1 and 1 of the Act, as the case may be.On the death of your spouse you are automatically entitled to an undivided half of the property by virtue of your marriage in community of property in terms of the Matrimonial Property Act 88 of 1984.
- If you are not the sole heir, the 50% share in the property will be transferred to you and the heirs.- A rates clearance certificate from the local authority will need to be obtained, so it is important keep up to date with the payments of the rates and taxes and water and electricity charges to the local authority.
• Descendant – this is a person who is not a descendant in terms of the Act but includes a person whom the deceased accepted as their own child in accordance with customary law.