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With traditional marriage agreements now considered passé by many people, quite frequently a couple will buy a house or an apartment together – but only one person will sign for it.

 This, says Anton du Plessis, can lead to problems because the couple being partners carries no weight in law – unless it is sealed and signed under what is known as a cohabitation agreement or, alternatively, if the deed of sale stipulates that hey are joint owners and specifies the extent of each one’s shares.

 “Some people, fortunately relatively few, have thought that if one or other party can establish that the couple were in what is referred to as a common law marriage (i.e. a partnership like a marriage, but not confirmed in law), any assets will be divided equally among them if they split – but a deed of sale will result in the property going only to the buyer or buyers who are listed.  Common law or verbal agreements carry no weight here.”

 Where other assets are concerned or if the home is sold, the law is inclined to be slightly fairer but, warned du Plessis, there have been many cases where split couples have walked away with only what they originally had and the proceeds of a sold property were not equally divided.  The fact that they cared for or supported the other partner can often be ignored.

 “If buying with a partner who is not a spouse, it is essential to confirm the deal in writing, “ said du Plessis, “and to specify  the share each holds.  When buying out of wedlock, it is wise to enlist the advice of an attorney to ensure a fair agreement. If one party pays off the mortgage for ten years, it may be fair that they receive a higher proportion of any eventual proceeds of a sale.  Likewise, if one party spends a large capital sum on improvements to the property, this should be catered for in the division of proceeds.  

 “Another common pitfall in joint ownership arises when one party wishes to sell, and the other does not or where an acrimonious separation occurs and one party refuses to entertain reasonable buy offers.  

 “Because the purchase of fixed property is usually a couple’s major expense and can cause major hardship if not disposed of swiftly and efficiently, it is wise to have a formal agreement governing the asset.”