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Matrimonial Property Act, 1984 (Act No. 88 of 1984)

Chapter IV : General Provisions

18. Certain damages excluded from community and recoverable from other spouse

 

 

Notwithstanding the fact that a spouse is married in community of property—

(a) any amount recovered by him or her by way of damages, other than damages for patrimonial loss, by reason of a delict committed against him or her, does not fall into the joint estate but becomes his or her separate property;
(b) he or she may recover from the other spouse damages in respect of bodily injuries suffered by him or her and attributable either wholly or in part to the fault of that spouse and these damages do not fall into the joint estate but become the separate property of the injured spouse.

 

[Section 18 substituted by section 21 of Act No. 66 of 2008]