Cohabiting couples can claim joint estate, even without marriage

THE Supreme Court of Appeal in a recent judgment once again recognised cohabiting relationships, where couples are not married, and noted that the partnership does not need to be formal, such as in the case of marriage, before one partner can share in the joint estate accumulated during their cohabitation.

- ZELDA VENTER

The high court earlier found that there was a universal partnership between the man, only identified as P, and his partner, S, and that as S contributed over the duration of them living together towards a joint estate, she was entitled to her fair share. Unhappy with this finding, P turned

The SCA reaffirmed cohabiting relationships in universal partnerships and said parties who contributed to the partnership were entitled to their share of the joint estate when things go sour.

to the SCA as he contested the fact that there was a universal partnership.

The couple lived together for 16 years before things went sour. A universal partnership refers to a legal concept in South African law that may be formed between unmarried life partners. To prove a life universal partnership, partners must show each contributed to a common enterprise for their joint benefit.