KZN's Leading Law Firms 2022

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Wednesday, March 30 2022

SD Moloi and Associates celebrates 30 years of excellence in legal services SD MOLOI and Associates Incorporated is celebrating three full decades of continued legal excellence. Founded by Siphiwe Desmond Moloi, the firm opened its doors to the public for the first time on March 1, 1992. At that time, the firm was operating with only one attorney and one secretary. “Today, the firm has five professional attorneys, one candidate attorney and 10 support staff, as well as one partner, Reema Rughoonandan,” says Moloi. “We have travelled this journey of professional excellence through persistence, professional competence, diligence, integrity, reliability and most importantly, service excellence.” Moloi says the firm’s continued existence over the past 30 years has been driven by its relentless devotion to servicing its clients adequately – doing so being driven by its core mission statements of accessibility, reliability and accountability towards its clients. The firm’s knowledgeable and diligent professional staff is always on standby and ready to help its clients get exceptional legal assistance and the representation they deserve costeffectively. Staff members also ensure that clients

know and understand their rights pertaining to every controversy one might come across in life. Moloi says the firm is now providing legal services to various state organs, including municipalities and corporate entities, in addition to its work for private clients. “The firm also accommodates the indigent members of our society as our form of support and participation in the development of public interest law,” adds Moloi. In celebration of SD Moloi and Associates’ 30 years of continued existence, Moloi and his team convey their profound gratitude to all those individuals, businesses, government entities and the like, that the firm has – and still continues to service. The firm highly appreciates their support, and hopes to continue these existing working relationships. The firm’s continued existence for the past 30 years is a sign that it can be trusted with any kind of work, given the level of experience it has obtained thus far. For further information, email: reception@sdmoloi.com. Durban: 031 301 2812/2950/2876 Johannesburg: 011 483 1527/8

Thinking of tying the knot? This is how marriage contracts affect home ownership THERE are several marital systems recognised by the South African Deeds Office, each of which will influence the property transactions in different ways. Understanding this can help homeowners make good investment decisions upfront. “Buying a home as a married couple can be an exciting step in the couple’s life together. However, it is important to adopt a long-term view on any real estate investment. I would therefore encourage all married couples to understand how their marriage contract will affect them in relation to owning a home together,” says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa. Below, Goslett explains each option for registering a home at the Deeds Office. In Community of Property This marriage contract is the epitome of what’s yours is mine and what’s mine is yours. In these instances, any home purchased between the couple will be jointly registered in the name of both spouses. This also means that if you owned property before becoming married, the property will automatically form part of the joint estate after you are married. This means that you cannot sell the home without first obtaining the consent of your spouse, as he/she will now own that home jointly with you. A possible exception is if you inherited a property subject to a condition that stipulated that the inherited property is excluded from any future joint estates. Out of Community of Property Also referred to as an ante nuptial contract (ANC), these contracts typically exist to protect any assets going into a marriage. In these instances, you are free to own and purchase property in your own name without the consent of your spouse. However, you are also able to purchase a property jointly if this is what you wish to do. These contracts will differ depending on whether the ANC includes or excludes the accrual system. In an ANC without accrual, the two estates remain separate during the marriage. But, an ANC with accrual means that while the two estates prior to marriage are separated, after the date of marriage the two estates become joined

and any property may then form part of the accrual unless it is expressly excluded within the ANC. If the marriage dissolves or there is a death of a spouse, then the items accrued during the marriage (unless expressly excluded in the ANC) are split fairly between the individuals. According to laws of a foreign country When a couple is married under the laws of any country outside of South Africa, then the they are able to own property separately from their spouse and can have the property registered in their own names. They may also choose to purchase property together as co-owners if this is what they prefer. The only snag is when the property is sold; whoever is the registered owner of the property will need to be duly assisted by their spouse to conclude the transfer. “No matter how your marriage is structured, owning property either jointly or separately will help ensure greater financial security for the household. Those who wish to learn more about the topic should reach out to an attorney. To find out what real estate investments are available to them, I would also encourage married couples to get in touch with their nearest agent to see what homes are available within their price range,” Goslett concludes. *This article was previously published on IOL


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