In response to an article recently published on live-together couples splitting being exempt from paying transfer duty where one partner takes over a jointly owned property, a reader asked how this would apply when a spouse dies.
A Property24 reader asks:
What happens in the case where the house is in both husband and wife’s names and the husband passes away? Does the widow need to transfer the house into her name or will she automatically be declared sole owner of the property?
Will she have to pay transfer costs?
Ulrik Strandvik, a director in the Cape-based legal firm, Gunstons Attorneys replies:
The deceased’s spouse’s half share will need to be transferred to the surviving spouse at the Deeds Office either by endorsement (if married in community of property) or by formal transfer (if married out of community of property).
There will be no transfer duty payable to SARS, but there will be attorney’s fees and disbursements payable to the attorney attending to the transfer.
The deceased estate usually pays the attorneys fees, but if there are no funds the surviving spouse will have to pay the costs.
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