In a marriage in community of property it often happens that the - TopicsExpress

In a marriage in community of property it often happens that the parties can’t agree on a division of the joint estate. In matters such as these a Receiver or Liquidator needs to be appointed to divide the estate in a fair and just manner. In the case of Estate Sayle v Commissioner for Inland Revenue 1945 AD 388 the court held that a marriage in community of property means that the spouses become joint owners in undivided half shares of the assets they possess at the time of their marriage as well as of all assets acquired by them during the subsistence of their marriage. The merging of the properties takes place automatically by virtue of the parties being married in community of property.

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