Legal Q&A

Rights of Unmarried Cohabitants in South Africa — What the Law Says

Unmarried couple living together in South Africa? Unlike married couples, cohabitants have almost no automatic property rights. Know your legal options.

Free South African Law

Direct Answer

South African law does not recognise a common-law marriage — cohabiting couples (regardless of how long they have lived together) have no automatic property rights against each other when the relationship ends. You can protect yourself with a cohabitation agreement and a will.

What the Law Says

Your Legal Foundation

Constitution of the Republic of South Africa, 1996

Section 9

“The Constitutional Court has called on Parliament to remedy the legal gap that leaves cohabiting partners without protection — but this gap has not yet been legislated.”

Children's Act 38 of 2005

Section 21

“Children born to cohabiting couples have the same rights as children of married parents. Parental rights and maintenance obligations apply equally.”

What to Do

Step-by-Step Guide

1Draft a cohabitation agreement with an attorney. Specify how property is owned, what happens if the relationship ends, and financial contributions.
2Register joint property correctly. If you bought property together, ensure the title deed reflects both names and the percentage ownership.
3Make a will. Without a will, your partner has no automatic right to inherit anything from your estate — the Intestate Succession Act does not protect cohabitants.
4Create a life insurance policy naming your partner as beneficiary to provide financial security if you die.

What to Say

Exact Words to Use

“"We have been cohabiting for [X] years and we want to formalise our financial arrangements through a cohabitation agreement."”

Tone: formal

Common Questions

Frequently Asked Questions

Is a common-law marriage recognised in South Africa?

No. South African law does not recognise common-law marriage — only civil marriages, customary marriages, and civil unions (same-sex and different-sex). Duration of cohabitation creates no legal rights.

Can my unmarried partner get maintenance from me after we break up?

Not automatically. If you made contractual promises (e.g., in a cohabitation agreement), they are enforceable. Otherwise, the Maintenance Act does not extend to adult ex-partners who were not married.

What rights does my partner have to my house if I die without a will?

None under the Intestate Succession Act. The house would go to your family. A will is the only way to ensure your partner inherits.

Get Help Now

Resources & Helplines

Law Society of South Africa

lssa.org.za

Find an attorney for cohabitation agreements

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