Unmarried couples: who gets what after the death of a partner?

YOU’VE lived with your partner for years, building a home, plate by plate, couch by couch. But without a marriage certificate or a traditional celebration, South African law does not afford you the same legal protections that married couples enjoy. So, what happens if your partner passes away?

- STAFF REPORTER

Family disputes over assets are common after a death, and for unmarried couples, the stakes can be even higher, says Shaka Zwane, head of insurance and fiduciary at Standard Bank.

“Living together before marriage has become common in South Africa for several reasons,” Zwane explains.

“Sometimes it’s due to economic circumstances and pooling resources might make financial sense. Other couples believe it’s wise to get to know each other's habits before committing to marriage.”

According to the 2022 Census Survey Report, around eight in every 100 couples live together before marriage. Some buy property together, some find a new neutral residence, while in many cases, one partner moves into the other's home.