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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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My wife and I were married on 20Sept1967. We have property

Customer Question

My wife and I were married on 20Sept1967. We have property in Botwsana which we are selling. The Botswana Registrar of Deeds insist we show proof of 'how' we are married, that is in or out of community of property. We have hereto always stated "married according to the Laws of Scotland" but that is now not accepted. We a have always considered ourselves as equal partners in all our holdings. We will be 50 years married next year!
What is our position, and how do we prove that. We have our marriage certificate and official copies.
Thank you. Iain Wallace
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have they told you what sort of "evidence" they require?

Customer: replied 10 months ago.
No. But I am sure they want some sort of 'official' document. In Botswana when persons are married there is a 'form' which is generated and signed at the time of the marriage which states whether the persons are married in or out of community of property. I think what we need is a document which sets the position of us both vis a vis property at the time of our marriage.
We were married on 20th Sept. 1967 in the Auld Kirk of Ayr, Scotland. There were no pre or anti nuptial agreements. We understood we were married for better or worse..... The Registrar of Deeds in Botswana says they need that spelt out, and/or the actual wording of the law with reference. We need something 'official' to give them.Please advise further.
Customer: replied 10 months ago.
I am waiting for your reply. Is that correct?