FUCHS ROUX INCORPORATED
AN ESTABLISHED LAW FIRM SPECIALISING IN PROPERTY LAW
Our next area of specialty is in relationships. Our team believes that doing things faster isn’t always the best way to build long lasting relationships with both our clients, associates and/or business partners.
We believe in putting in the time it takes to do things right – right in terms of quality and right according to good, ethical business practice.
The strong relationships ensure positive interaction between our attorneys, the estate agents, originators, banks, consultants, purchasers and sellers, and ensures the quick registration of various rights relating to immovable property in deeds offices all over South Africa.
Our office is conveniently located at 373 Queens Crescent, Lynnwood, Pretoria. When you enter our offices you enter a friendly helpful law office that practices 21st century property law at its best.
Our values in everything we do are: excellence, respect of each other and people’s individuality, collegiality, and sharing of knowledge and innovation. We work together to create a working environment that is both challenging and enjoyable – one in which we all thrive! We are fully committed to the importance of building a successful and professional relationship with YOU – our valued client. Our goal is to satisfy the needs of all our clients by offering superior service while adding value. Recognizing that the practice of law does not occur exclusively during usual working hours, our directors have a policy of approach-ability and can be reached on their mobile phones 24 hours a day. Download our company profile here.
SKILLFUL EXPERTISE WITH OVER 50 YEARS EXPERIENCE
OUR PROFESSIONAL TEAM
WE PROVIDE INTER ALIA THE FOLLOWING
- Conveyancing and Deeds Registration
- Full Title, Sectional Title and Estate transfers
- Registration and cancellation of bonds
- Consolidation and subdivision of properties
- Various Applications, Endorsements and Consents
- Notarial Agreements including Servitudes
- Proclamation of Townships
- Share Block and financial Schemes
- Agreements: Sale/Lease of residential and commercial properties
- Antenuptial agreements: advice and registration
- Litigation: civil, criminal, labour and family law, debt collection, insolvency law, company law and law of contracts
- Drafting of Wills and administration of deceased Estates
- Registration of Trusts
- Company registration and changes (CIPC)
WHAT IS THE PROCEDURE TO TRANSFER PROPERTY?
COMPLETION OF AGREEMENT OF SALE
Don’t expect the usual – we like showing you how the process works – we want you to know the steps as well as we do. Please keep in mind that each case is unique and some registrations may be completed in a few less steps while others may have a few more. But rest assured that your Registration or Transfer will be in safe and more importantly – dedicated hands.
WHAT CAN DELAY ANY OF THE 28 STEPS?
- Parties that are in the process of divorce
- If the original Title Deed is lost
- If any of the parties are overseas
- If any of the parties passes away during the process
- Buying from a Deceased Estate
- If any deposits are not from the “normal” sources i.e pension funds / share sales investment
- A “subject to sale” and the previous property is not selling or have problems
WHAT WILL I NEED?
- Sales Agreement / Offer to Purchase
- Identity Document
- Marriage Certificate
- SARS IT 34 (confirmation of Income Tax reference number)
- Latest levy / rates account
Click here to download our FICA requirements document for a complete list of what’s required for various entities such as a natural person, company, trust etc.
WHAT YOU MIGHT NEED TO KNOW
Can you explain all these legal terms? Buying or selling a property can be daunting when you do not understand all the legal terms. We have put together a list that explains all the usual terms used in this process. Please click here to view this list.
WHAT ARE MY OPTIONS?
Signing an Antenuptial Contract (ANC) is not the most romantic part of getting married, but it is definitely one of the most important.
Our team is dedicated to helping couples to select and draft an ANC that will provide the couple with the most security and peace of mind in the case of the dissolution of the marriage, whether by death or divorce.
A COUPLE HAS THE FOLLOWING OPTIONS:
- In Community of Property
- Out of Community of Property with the Accrual
- Out of Community of Property without the Accrual
1. IN COMMUNITY OF PROPERTY
Any marriage that is completed without the signing and registration of an Antenuptial Agreement prior to the marriage of the couple, will automatically be one of in community of property according to South African law.
If a marriage is one of in community of property there will be one joint estate after the marriage date, and both parties will be the co-executors of the joint estate. All assets and liabilities acquired prior to, or after the date of marriage, is owned in equal shares by both parties.
One of the biggest risks of this option of marriage lies with the mutual liability of both parties for any debt acquired by any one of the parties, especially when one or both of the parties own their own business.
Both parties have the right to sell any of the assets of the joint estate, with the consent of the other party be it verbal or written.
In the case of death of either of the parties, the joint estate will fall under the administration of the Executor until it is finalised.
This often causes many problems that could have been avoided by signing an ANC prior to the marriage.
2. OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL
This option of marriage requires that both parties must sign an Antenuptial Agreement prior to their marriage, and the ANC must be registered within 3 months from the signature in the Deeds Office by the Notary.
Any assets or liabilities gained, or acquired, after the date of marriage, will form part of the individual estate of each party.
In the event of the dissolvent of the marriage by a divorce, neither one of the parties will share in any assets acquired by a party or in the growth of any of the assets of a party after the date of marriage, as this assets and growth forms part of the individual separate estate of the other party.
Neither one of the parties will be liable for the debt of the other party, except if the parties agreed to or signed security for a loan. In the event of the dissolvent of the marriage by the death of one of the parties, only the estate of the deceased will be placed under the administration of the Executor.
This option of marriage must be considered carefully and depends on the circumstances of the couple.
3. OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL
If this option of marriage is chosen, an Antenuptial Agreement must also be signed prior to the marriage of the couple and must be registered within 3 months from the signature in the Deeds Office by the Notary.
The Antenuptial Contract must specifically state if the assets and liabilities that the parties acquired prior to their marriage are excluded, or included from the Accrual. There will be two separate estates after the marriage of the couple.
The parties will, however, share in the growth of the separate estate of the other party, over the full duration of their marriage.
In the case that the marriage dissolves by the death of one party or by a divorce, the net estate values of the estates of the parties are determined separately, and the larger estate must then transfer half of the difference to the smaller estate.
This option is the most popular choice amongst couples that are getting married for the first time.
This is a great option if one of the parties is a business owner, as it protects the assets and also protects the other party form any possible creditors.
Please do not hesitate to contact us should you wish to discuss the options in more detail or alternatively make an appointment. We look forward to meeting you and your Mr. or Mrs. to-be.
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Telephone: 012 342 7911 / 0860 123 153
Fax: 012 342 8766
Physical Address: 373 Queen’s Crescent, Lynnwood, Pretoria, 0081
Postal Address: PO Box 11771, Hatfield, Pretoria, 0028
Lodgement No: PTA: 28 / JHB: 1312
Telephone: 011 869 4713 / 083 628 5024
Fax: 086 566 6847
Physical Address: 64 Phantom Street, Raceview, Alberton, 1449
Postal Address: Postnet Suite 40, Private Bag X1, Bracken Gardens,
Lodgement No: PTA: 28 / JHB: 1312
INDIVIDUAL CONTACT DETAILS
|Jackson Masango||Director||082 456 8222|
|Tobie Le Cornu||Director||082 893 0207|
|Hannelie van Tonder||Director||083 452 0441|
|Liezel Deminey||Attorney||079 874 5226|
|Madaleen Nel||Attorney||066 346 2865|
|Elrie van Niekerk||Attorney||084 208 7770|
|Tom Ferreira||Attorney||083 628 5024|
|Makayla Schoultz||P.R.O||071 589 7226|