Matrimonial Property Act, 1984 (Act No. 88 of 1984)

Section 45 of the Deeds Registries Act, 1937, is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) If immovable property or a lease under any law relating to land settlement or a bond is registered in a deeds registry in the name of the survivor of two spouses who were married in community of property, or in the name of the joint estate of such spouses, or in the name of both such spouses, and [such survivor] the surviving spouse as law fully acquired the share of the deceased spouse in the property, lease or bond, the registrar shall on written application by the executor in the estate of the deceased spouse and by [such survivor] the surviving spouse save where [such survivor] the surviving spouse has signed as executor, accompanied by such other documents as may be prescribed, endorse on the title deeds of the property or on the deed of lease or on the bond that the [survivor] surviving spouse is entitled to deal with such property, lease or bond, and thereupon [such survivor] he shall be entitled to deal therewith as if he had taken formal transfer or cession into his own name of the share of the deceased spouse in the property, lease or bond.”.