Out of community of property

  • Out of community of property means there is a total division of the parties’ individual estates. Each party has a separate estate and is the owner of its own assets and liable for its own debts. 
  • No party is liable for the other parties debt incurred and in the case of insolvency, only the insolvent party’s estate will be at risk
  • No need for exclusion of any assets when the antenuptial contract is signed as all assets will be viewed as separately owned 
  • Parties do not need each others consent to buy assets or incur debts