This happens in different ways depending on how the marriage took place.

(See: Marriage)

If the Couple Were Married in Community of Property

The joint estate is divided into two equal parts, which includes both assets and liabilities (debts). One half belongs to the husband and the other to the wife. If they cannot agree about how to share the property, the court must decide.

Non-Africans Married Before 1 November 1984 out of Community of Property

Each partner keeps his or her own property. They also take any property which the ante-nuptial contract says they must get. The court can give the wife a share of the husband’s property if she helped financially to bring up the children or supported the husband in other ways.

Africans Married Before 2 December 1988 out of Community Without an Ante-Nuptial Contract:

Each partner keeps his or her own property. The court can give the wife a share of the husband’s property if she helped bring up the children or supported the husband in other ways.

Non-Africans Married After 1 November 1984 and Africans Married After 2 December 1988 out of Community of Property with an Ante-Nuptial Contract which KEEPS IN the Accrual System:

Each partner keeps his or her own property which he or she brought into the marriage. Any increase during the marriage in the value of either partner’s property is shared equally between them.

Non-Africans Married After 1 November 1984 and Africans Married after 2 December 1988 out of Community of Property with an Ante-Nuptial Contract which EXCLUDES the Accrual System:

Each partner keeps his or her own property. They also take any property which the ante-nuptial contract says they must get. The court has no discretion to order that one spouse shares the property of the other spouse.