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Ask an expert...
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The danger of living together
This is because their "common law" relationship wasn't recognised by law.
Living together may seem like an attractive prospect but legally it can be a nightmare because your relationship is not recognised by law.
While you can both buy and register property or any assets together, you do not share the same rights as married couples no matter how long you've been together. Even though your estates may be entangled you have no legal or financial obligations to one another should you separate or one of you dies.
But what can you do?
However, Jacqueline Ellis of Jacqueline Ellis Attorneys, explains the law does
recognise what it calls universal partnerships,
where, if you can prove you
contributed towards helping him grow
his assets, you have a claim against his
estate.
You can also recover your out-of-pocket expenses. "The courts don't like universal partnerships, but it doesn't mean that you can't get anything. It's just very expensive because it is an application to the high court," she explains.
Experts strongly suggest drawing up a cohabitation agreement before couples live together. This legal document governs how assets and debts are managed during and after the relationship.
And similar to a couple married out of community of property, says Ellis, cohabiting couples must make sure that if they want ownership of particular assets; they register them in their own names, even if they are gifts.
Have you been left with nothing after moving in with your partner? Tell us about it in the comment box below.
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| hi i went through your article on dangers of living together and it was ausum keep it up guys you rock.i would like you guys to add move on your magazine list. | ||
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| innocentia on 28 Mar at 09:09 |
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| Wish I knew then what I know now. Almost 9 years ago I moved in with my Partner believing that one day we would marry. We moved to South Africa, he said we would marry eventually. Now he has said he does not want the relationship to carry on. I have just had hip replacement surgery, he has said as soon as I recovered he is sending me back to UK. I have nowhere to live and no income, I am 60, 15 Apri, so the future does not look good for me, I am extremely fearful. | ||
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| Susan Morriss on 03 Apr at 21:05 |
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| staying together is not a righr but a previlage endordsed by both parties but long as there are no legal papers drafted by the attorneys of law its null and void when coming to separation. | ||
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| moses on 04 Apr at 11:07 |
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| After staying with my boyfriend for a very long time, the relationship ended and it took a very long time for me to get used to the idea of being by myself and living off one salary or even going out on my own. It does end someday you will find happiness | ||
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| TERESA on 07 Apr at 16:48 |
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| This article about couples that move in together was a real eye opener. Everyone thinks its all roses not having the "pressure" of being married to someone and living together, but clearly there's alot to consider. Thanks for the 411! | ||
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| Chantal on 10 Apr at 14:06 |
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| for me its still great and im enjoying maybe is bcoz i dont have any expectation of him marrying me one day however im very careful about my assets actually we both agreed that we don t share any properties so if it does happen that i move i know wants mine. i think its vital to have an agreement and stick to it | ||
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| mumsy on 25 Apr at 15:05 |
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| I'l like to advise sisters out there. if you stay with your man stay bcoz you enjoying it , not in expertations of marrying him one day. when he had enough of you he'l take a new wife and theres nothing you can do to change it. he'l telll you that all the money was spent by the 2 of you and how do you expect to get married. | ||
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| bavumile on 30 Apr at 12:13 |
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| i moved in to my boyfriend's place a few months ago. the only contribution he wants from me is for groceries. everything else he pays for himself as he did before i came in and when i leave, no one will feel cheated. women, stop paying your man's bills!!! | ||
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| lele on 08 May at 12:28 |
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| I moved in with my boyfriend and we never had any written agreement as to how 2 both contribute to rent, utilities and groceries. (I assumed he would just be responsible and would pay his own dues) after 11 months he has never paid his half of the rent, never bought any groceries. every month end he has an excuse of how he needs to fix his car, pay his loan off, pay his credit card bills,the list is endless. We dont share his car, I dont use his credit card and the loan he is paying off I dont even know what he spent that money on and still always has cash for boozing with his friends. He always borrows money from me and never pays it back. I told him I am moving out by month end and now asks if I am leaving with everything I bought for the house because he claims that he always thought I was buying for the both of us. He says I should have told him that I was buying all the stuff for myself so he could have bought his own bedding, curtains, couches, he even says I was playing with his mind by telling him I loved him when in the real sense he was using me all this time......Cohabiting has not worked for me, with or without an agreement I will not move in with anyone until we are married and have signed a pre-nup! | ||
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| Tess on 12 May at 09:22 |
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| Yup, I have lost everything after I moved out. My ex was abusive and I even struggled to get back clothes. I supported him and now I am in debt because of it. | ||
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| Joy on 01 Jul at 10:41 |
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Image: Ablestock
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