If you’re married in South Africa without signing an antenuptial contract beforehand, you’re automatically married in community of property. While this might seem like a small legal technicality, it can have a big impact on major financial decisions—like applying for vehicle finance. So what exactly does it mean to be married in community of property, and how does it affect your car finance application?
What Is “In Community of Property”?
In simple terms, being married in community of property means you and your spouse share everything 50/50—this includes assets (like property, vehicles, and savings), but also debts and liabilities. Unless you and your partner signed an ante nuptial contract (ANC) before getting married—through a registered attorney (not just a verbal agreement or informal document)—you are, by default, married in community of property under South African law. This joint estate means that legally, both partners are seen as one financial entity. That has several implications when it comes to applying for credit.
Can You Apply for Vehicle Finance on Your Own?
Yes, you can still apply for vehicle finance on your own even if you’re married in community of property. However, there are a few extra steps and considerations involved. Most banks will require you to disclose your marital status and indicate that you are married in community of property on the application form. In many cases, that’s all that’s needed—they simply want transparency and acknowledgement that you understand your legal position.
However, some banks may require your spouse to sign a delivery note when the vehicle is handed over. This is not because they’re co-signing the finance, but rather as an acknowledgement that they are aware of the purchase. It’s a legal formality that protects the bank in case of future disputes over the jointly held estate.
Why It Matters: Shared Responsibility
Here’s where things get serious: if you default on your vehicle instalments, the consequences don’t fall on you alone. Your spouse will also be considered legally responsible for the debt. Since you share a joint estate, both of your credit profiles can be negatively affected if payments aren’t made on time. Even if your spouse wasn’t involved in the application or didn’t drive the car, they are still tied to the financial obligation. That’s why it’s not just courteous—but necessary—to ensure that your partner is informed and in agreement with the purchase.
Why Work with a Vehicle Finance Originator/Facilitator?
At Motorlease, we understand the fine print and technicalities of applying for vehicle finance under different marital regimes. We submit your application to all major banks, negotiate the best rates on your behalf, and speed up the approval process—so you’re not stuck waiting weeks for feedback.
Whether you’re married in community of property or have another arrangement, we can help you navigate the finance process smoothly and transparently.