Question

A and B are married in community of property. B concludes a contract with X (the third party) in terms of which B sells an antique chair (held as an investment) to X. B does not get consent from A to sell the chair. Consequently, A alleges that the contract cannot be upheld and comes to you for legal advice.
In approximately 150 words (no more), advise A on whether a valid contract was concluded.

Answer 1

As A and B are married in the community of property, both parties have joint ownership of all assets acquired during their marriage, including the antique chair. Therefore, B cannot sell the chair without A's consent as both parties have an equal interest in it. As a result, A may have a valid claim that the contract between B and X is not enforceable.

However, it is essential to examine whether X was aware of the community of property marriage regime and that A's consent was necessary for the sale. If X was aware of the marital regime and proceeded with the contract regardless of the lack of consent from A, the sale may still be considered valid. This is because a third party can rely on the apparent authority of one spouse to act on behalf of both spouses in terms of selling community property.

It is advisable for A to seek legal advice and review the specifics of the contract and marital regime to determine the most appropriate course of action.