Assume that Y and Z were married in community of property. Z was the major
breadwinner and he contributed R 900 000 to the joint estate. Y’s only significant
contribution to the joint estate was the sum of R 100 000 which she inherited from her
father earlier this year. As far as the patrimonial consequences of the marriage
between Y and Z are concerned:
a) Z will retain the R 900 000 that he brought into the marriage and Y will retain the R
100 000 that she brought into the marriage
b) The marriage will be treated as if the parties were married in community of property
c) The parties will each be entitled to R 500 000
d) Z will be entitled to the entire joint estate of R 1 million
e) both (b) and (c) are correct
e) both (b) and (c) are correct. In community of property, all assets and liabilities acquired before and during the marriage are shared equally between the spouses. Therefore, both Z and Y will be entitled to half of the joint estate, which in this case is R 500 000 each.
The correct answer is (e) both (b) and (c) are correct.
In community of property marriage, all assets and liabilities of both spouses are combined into a joint estate. Upon dissolution of the marriage, the net value of the joint estate is divided equally between the spouses, unless specific exclusions or agreements exist.
In this case, Z brought R 900 000 into the marriage, and Y brought R 100 000 through inheritance. These amounts will be included as part of the joint estate.
Therefore, both Z and Y will be entitled to the joint estate, which has a total value of R 1 million. Each spouse will be entitled to half of the joint estate, which is R 500 000.