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The danger of living together

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When Sindi, 27, moved in with her boyfriend she believed she had some rights until they broke up and she found out she had no claim to her boyfriend's estate even though she had been contributing to the household expenditure.

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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