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Does a property given to a spouse in a first marriage still get shared after a death in the second marriage that was out of community of property with accruals?

Backstory

A husband was married to his wife for 20 years. The marriage ended on the 20th year and during the process of separating the husband sold or transferred a house that belonged to him to the wife. The house was not fully paid off but the wife took over ownership of the house with the debt or bond remaining on the house. The house was registered in her name and she continued paying off the debt after their divorce.

4 years later the husband and wife got back together under a new marriage Out of Community of property with the inclusion of the accrual system. The contract was set up that she has 60% and he gets 40%. During this second marriage, the house was still under her name and was never transferred. The contract terms were also set that the wife entered the marriage with R600 000 and the husband entered with R400 000

Unfortunately after 2 years the wife dies and leaves all her assets (in the form of a will) to her son and daughter to be divided equally.

Question

Does the husband have a right to 40% of the house as a spouse in this case?

  • This is a good question. I have no idea what the answer is and don't have good sources to answer it. – ohwilleke Mar 2 '18 at 3:11
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"4 years later the husband and wife got back together under a new marriage Out of Community of property with the inclusion of the accrual system. The contract was set up that she has 60% and he gets 40%."

This contract should control and might override the Will, or create a basis for intervening in her probate estate to set aside his 40%. But, the question is quite thin on facts, so it isn't entirely clear that the contract says what it seems t obe saying from the question.

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