CHAPTER 29:03
MARRIED PERSONS PROPERTY

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Exclusion of section 16 of Cap. 33:02

    4.    Community of property excluded

    5.    Proprietary consequences of marriages of persons subject to customary law

    6.    Registration of instrument with Deeds Registry

    7.    Correction of errors on instrument

    8.    Change of property regime

    9.    Registration of instrument or notarial deed

    10.    Validation of unregistered instruments

    10A.    Validation for lost or destroyed instruments

    10B.    Validation where no instrument was issued

    10C.    Offence and penalty

    11.    Power of Minister to amend Schedule

    12.    Regulations

    13.    Repeal of Cap. 29:03

    14.    Savings provision

        First Schedule

        Second Schedule

Act 69, 1970,
Act 39, 1971,
Act 17, 1975,
Act 37, 1980,
Act 11, 2008,
Act 12, 2014,
S. I. 99, 2014,
Act 20, 2021,
S.I. 85, 2022.

An Act to provide for the property of married persons and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st August, 2014]

1.    Short title

    This Act may be cited as the Married Persons Property Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "community of property" means the community of property, profit and loss;

    "property regime" means a marital property regime which can either be in community of property or out of community of property;

    "Registrar" means the Registrar of Deeds; and

    "repealed Act" means the Married Persons Property Act repealed under section 13 of this Act.

3.    Exclusion of section 16 of Cap. 33:02

    Section 16 of the Deeds Registry Act (Cap. 33:02) shall not apply in relation to any instrument attested under this Act.

4.    Community of property excluded

    (1) Subject to subsection (3), a marriage solemnised under the Marriage Act (Cap. 29:01), where one of the spouses is domiciled in Botswana, is presumed to be out of community of property, profit and loss.

    (2) In pursuance of subsection (1), spouses shall each sign an instrument in Form A set out in the First Schedule, in the presence of three witnesses, being one witness for each spouse and one of whom shall be—

    (a)    an administrative officer;

    (b)    a justice of the peace; or

    (c)    a commissioner of oaths.

    (3) Notwithstanding subsection (1), spouses who wish their property regime to be in community of property, shall each sign an instrument in Form B set out in the First Schedule, in the presence of three witnesses, being one witness for each spouse and one of whom shall be—

    (a)    an administrative officer;

    (b)    a justice of the peace; or

    (c)    a commissioner of oaths.

5.    Proprietary consequences of marriages of persons subject to customary law

    (1) Notwithstanding that a marriage has been solemnised under the Marriage Act (Cap. 29:01), the provisions of this Act shall not apply to the property of spouses who are subject to Botswana customary law.

    (2) Subject to the provisions of this section and of the Dissolution of Marriages of Persons Subject to Customary Law (Disposal of Property) Act (Cap. 29:05), the property of spouses who are subject to customary law shall be held, disposed of, and devolve according to customary law, unless disposed of by will.

    (3) Notwithstanding subsections (1) and (2), the spouses in a marriage between persons subject to customary law may, prior to the solemnisation of the marriage, express their wish to exclude customary law application to their proprietary rights, by an instrument in writing—