Couples living together – Do I have the right to remain in my partner's home if they pass away?

So, you've taken the next step in your relationship and are moving in together, but aren't considering getting married.

What happens then if one partner dies in a case where you don't have a marriage certificate or record of a traditional ceremony?

Standard Bank's Shaka Zwane says the 2022 national census shows that eight out 100 couples decide to cohabitate before making their partnership official.

In this case, he recommends entering into what is called a cohabitation agreement, which has to be signed and notarised by the two parties.

"This is a legal agreement which is enforceable by law."

Shaka Zwane, Executive Head: Insurance & Fiduciary SA - Standard Bank

"It protects you and your partner.... outlining how you're going to live together, how you're going to share in the expenses and so on. It actually avoids disuptes and litigation during your lifetime or relationship."

Shaka Zwane, Executive Head: Insurance & Fiduciary SA - Standard Bank

In the case of a shared home, it is the most dangerous thing to assume that proof of living there for a certain number of years will be enough protection for a surviving partner in the case of death.

"If you've got an agreement like this it protects the surviving partner, but I do have to caution that it does not replace a will."

Shaka Zwane, Executive Head: Insurance & Fiduciary SA - Standard Bank

To hear more about this important topic, listen to the interview audio at the top of the article