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High stakes in community of property marriages

Publish date: 14 September 2026
Issue Number: 1194
Diary: IBA Legalbrief Africa
Category: Estate

The dangers of a couple contracting a marriage in community of property have been dramatically illustrated, yet again, in a new decision by the High Court in Namibia. As Carmel Rickard explains, it involves a man who must pay back the proceeds of a massive fraud committed by his now-deceased wife, even though he was personally quite innocent. In her A Matter of Justice column on the Legalbrief site, Rickard advises that lawyers – or anyone else – in a position to advise someone about to get married, should keep this case on record: it’s a chilling example of why not to marry in community of property.

A Matter of Justice

Namibia judgment

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