Jennifer Mynhardt Attorneys
Attorneys, Notaries and Conveyancers

 

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Cohabitation

People choose to cohabit without marrying for a number of reasons. Until recently marriage was a popular option for people before they actually moved in together. Any marital regime, be it according to Civil Law (in or out of community of property) or according to African Customary Law, has automatic implications for the persons' property. Cohabitation has no such effect on your property - what is yours remains yours and what is your partner's remains his or hers.

But what if the arrangement is that you will buy the groceries and pay the lights and water bills and he or she pays for the bond and car repayments? If you split up does this mean you take the Jungle Oats and Oros while he or she gets the flat and the car? If you haven't made provision for a fair split of your joint property the answer is "yes".

We strongly suggest that you consult your lawyer to draw up a cohabitation agreement between both of you which affords you an opportunity to decide what will happen to your joint property BEFORE you get into difficulties. If you have a contract before you do anything you will be better protected should things turn ugly later on!

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