THE FACTS
SHIRAMI Mashaba from Kagiso stood surety for someone who was buying a motor vehicle on credit in 2007. The principal debtor neglected to pay in terms of the credit agreement and now the bank has attached Shirami’s house to satisfy the outstanding debt.
It came to light that Shirami was married in community of property at the time of the surety agreement being entered into, and his wife did not consent to the agreement.
He wanted to know if the surety agreement could be challenged and on what grounds?
WHAT I DID
I contacted Scorpion Legal Protection.
SOLUTION
Even though the law says that people who are married in community of property should not enter into credit agreements without the consent of their spouse, banks do not check that the person signing is in fact married.
If the contract says that the spouse needs to sign and the spouse does not sign their consent, the contract is still valid as being married in community of property does not affect the person’s capacity to sign contracts.
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