A new wave of legislative reform is set to shake up South Africa’s family law system and it is expected that the impact on real estate ownership could be significant. The General Laws (Family Matters) Amendment Bill, set to be tabled in Parliament this year, proposes changes to the matrimonial property regimes that would give the courts more power to redistribute assets upon divorce or death, even in the presence of antenuptial contracts.
The Bill stems from a Constitutional Court ruling which took place in 2023 and the goal is to provide fairer financial protection for spouses who have made non-financial contributions during a marriage. The Bill will give the courts the ability to redistribute assets in marriages that took place before 1984 and the accrual system, and in marriages without accrual post-1984, even if the antenuptial agreements exclude accrual. The framework of this legislative reform is an interesting departure from the existing one which can restrict asset claims in marriages with non-accrual unless this is outlined in the will.
Michael Lenz, CEO of the bridging funding platform TransBridj, says the proposed reform reflects a growing recognition that property ownership cannot be considered in isolation from broader social and legal contexts.
“This is a structural change challenging the idea that formal contracts alone should determine what’s fair,” he says. “The proposed Bill acknowledges one party’s ability to growth wealth or acquire property is often enabled by the support of another.”
The implications are extensive. Under the new law surviving spouses or divorcing parties may apply for a court-ordered redistribution of assets, including primary residences, investment properties and property within a deceased estate. Factors such as the length of the marriage, each party’s contributions and shared arrangements will all be considered.
It also introduces a new dimension of risk and responsibility when it comes to the property industry which is already managing the complexities of delayed registrations, legal compliance and transaction timing.
“Real estate is deeply intertwined with life events,” says Lenz. “Attorneys, sellers and realtors will need to plan for a wider range of scenarios which include estate transfers and asset reallocations that occur outside of traditional sale structures.”
For TransBridj, which helps simplify and secure access to funds already in motion during a transaction, this legislative update reinforces the need for flexibility, legal alignment and operational clarity. As Lenz highlights, “Everything we do is designed to support attorneys and their clients through often unpredictable moments in the property cycle, from a delayed registration or a court-mandated redistribution. The need for compliant, adaptive funding mechanisms is only going to increase.”
While the Amendment Bill is still under review, professionals across the property and legal sectors should prepare now. In a property ecosystem already strained by registration delays and rising compliance complexity, the ability to adapt to the potential changes introduced by the Bill will become a key differentiator. Platforms that are purpose-built for this environment, with embedded legal workflows, transparent digital pathways and flexible funding tools, will play a critical role in maintaining momentum.
“This is a call to stay ahead and to rethink ownership, obligation and access,” concludes Lenz. “That’s where TransBridj fits in. By reducing manual processes, removing bottlenecks and helping attorneys navigate complex transactions with greater control, the platform actively supports real estate transactions in a mercurial legal system.”