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Your rights in event of an unmarried partner's death

The Citizen

|

September 15, 2025

Many couples live together for years because they do not see the need to get married.

They believe urban legends that everything automatically passes to the surviving partner only to find out when the sad day comes, the family throws them out with no leg to stand on.

Without a marriage certificate or a traditional celebration, South African law does not afford you the same legal protections that married couples enjoy.

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.

"Other couples believe it is wise to get to know each other's habits before committing to marriage."

According to the 2022 Census Survey Report, nearly eight in every 100 couples live together before marriage.

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