each spouse is allowed to use the joint property in accordance to need and joint property may be sold or donated only with the consent of both spouses the law also provides that a woman has equal rights with her husband in divorce and that wives and husbands have equal rights to common property after marriage see also case study on south africa and chap under a community of property regime all of a couple s assets and liabilities are pooled and shared equally by the spouses irrespective of whether they were acquired before or during the marriage unless expressly excluded by a donor or testator all profits and losses are borne equally by the spouses and each spouse assumes joint control with his or her partner over the estate while a spouse in a marriage subject to a community of property regime may perform any juristic act with regard to the joint estate without the consent of the other spouse a number of restrictions apply and a spouse shall not perform certain acts such as the sale of immovable property including the matrimonial home forming part of the joint estate without the consent of the other spouse upon divorce or death each spouse or the surviving spouse of a marriage subject to a commu nity of property regime is entitled to half the joint estate