Annetjie is a practising Attorney, Notary Public, and Conveyancer, operating from both the Cape Town and Helderberg branches of STBB. Her responsibilities include Director of STBB, branch head of STBB Helderberg, and member of the firm’s Executive Committee. In addition, she is head of the Development Law Unit, which is a specialist forum addressing development requirements in the fields of planning law, environmental law, construction law, renewable energy law, and, importantly, local government law. As a practising Conveyancer, Annetjie deals with a conglomerate of property-related matters such as sectional titles, developments, bonds, transfers, and municipal work for local councils. Further, her expertise extends to all aspects of notarial work. She has worked on numerous large-scale developments in the Western Cape, particularly in Stellenbosch, Helderberg, and the Overberg area. Although she specialises in conveyancing, Annetjie is passionate about family law and has a special interest in the constitutional law aspects of children’s rights. She is actively involved in the firm’s marketing and brand development on a national level. Annetjie also oversees various compliance and reporting initiatives. She engages in substantial research activities related to the property market and property investment, communicating interesting and relevant facts to her clients and the media. In addition, Annetjie conducts Legal Updates for banks and estate agents. Her extensive knowledge and experience in the property market, along with her connections with key role-players in the property industry, make her an invaluable ally for any property investor. Demonstrating her commitment to professional growth, Annetjie is currently focused on becoming a specialist in the field of green energy law.

From the desk of Annetjie | Property-related aspects arising from the Civil Union Act

Since the implementation of the Civil Unions Act 17 of 2006, property practitioners should familiarise themselves with the property-related aspects arising from the Act.

The different forms of civil unions (which can be male/female or same sex) require individuals, especially property practitioners, to understand the specifics pertaining to the signature of the Offer to Purchase.

Civil partnerships will fall under the Matrimonial Property Act 88 of 1984 with partners having the choice of being married in community of property or out of community of property, with or without accrual.

What is a Civil Union?

A “civil union” is defined as “the voluntary union of two persons who are both 18 years of age or older, which is solemnized and registered by way of either a marriage or a civil partnership…”.

USEFUL TIPS WHEN PARTIES ARE SIGNING THE OFFER TO PURCHASE (OTP)

MARRIED OUT OF COMMUNITY OF PROPERTY (CIVIL UNIONS INCLUDED)

  • Only the spouse who is selling or buying a property must sign the OTP.
  • If both spouses own the property and want to sell, then both of them must sign the OTP.
  • If both spouses want to buy the property, then both of them must sign the OTP.

MARRIED IN COMMUNITY OF PROPERTY (CIVIL UNIONS INCLUDED)

  • Always let both spouses sign the offer to purchase, whether selling or buying.

From a legal perspective, there is really no difference between parties to a civil union and persons married in terms of the Marriage Act. Both enjoy all the rights, protections, and consequences of marriage.

For more information, please contact:

Annetjie Coetsee
Director
Property Law and Conveyancing,
Family and Divorce Law, Development Law Unit

annetjiec@stbb.co.za
For the best legal advice and personalised service, let's talk
Subscribe to our monthly newsletters, subscribe