Nkomi and Thabang are married in a civil union concluded in accordance with the ...
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Nkomi and Thabang are married in a civil union concluded in accordance with the Civil Unions Act. Before their marriage, Nkomi and Thabang agreed that none of their assets will form part of their joint marital estate. However, they decided not to register the contract as required by statute. Several years into their marriage, Thabang defaulted on a loan he took from Unity Bank to purchase a car for his business. Unity Bank then obtained a writ of execution against Nkomi and Thabang’s joint estate. Indicate whether Nkomi’s claim that Unity Bank can only execute against Thabang’s estate as they are married out of community of property is true or false.
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