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Cohabiting couples can share joint estates, rules South Africa’s Supreme Court
Cohabiting partners win new legal recognition in South Africa
In a landmark ruling that could reshape how South Africans view long-term relationships, the Supreme Court of Appeal (SCA) has confirmed that unmarried partners who live together may claim a share of a joint estate, even without a formal marriage.
The court found that a “universal partnership” can exist between partners who have lived and worked together for years, sharing resources, responsibilities, and goals, even if they never tied the knot legally.
A 16-year partnership and a question of fairness
The case centred on a couple, referred to only as P and S, who lived together for 16 years. Although they were engaged, they never married. When the relationship ended, S approached the High Court, arguing that she had invested years of her life, money, and effort into building their shared estate and deserved a fair portion.
The High Court agreed, finding that their partnership amounted to a universal partnership under South African law. This legal concept allows unmarried partners to claim a share of the assets accumulated during their relationship, provided they can prove both parties contributed to a joint enterprise for mutual benefit.
P, however, appealed the ruling to the SCA, contesting that no such partnership existed.
How the court reached its decision
After reviewing years of evidence, the SCA upheld the High Court’s finding. It noted that S had sold her belongings when she moved in with P and had devoted her time, labour, salary, and expertise to his business ventures. Together, they pooled resources, shared expenses, and jointly invested R1.2 million in an Old Mutual policy, naming S as the beneficiary in the event of P’s death.
These facts, the court said, pointed clearly to a relationship based on shared effort and joint financial interest, the very essence of a universal partnership.
The court highlighted that both partners had contributed something of value: P provided financial backing and business operations, while S contributed income, labour, and commitment. The partnership, which began in March 1989 and ended in April 2005, met all three legal requirements:
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Each partner contributed to the enterprise.
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It was carried out for their joint benefit.
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The objective was to generate profit or mutual gain.
Ultimately, the court ruled that S was entitled to 35% of the joint estate, while P retained 65%, recognising both partners’ contributions but distinguishing between their financial inputs.
A shift in legal and cultural thinking
The judgment reflects South Africa’s evolving legal recognition of non-marital relationships. As more couples choose to cohabit rather than marry, the law has had to adapt to protect individuals who contribute meaningfully to shared lives and assets.
Legal experts note that the SCA’s decision reinforces fairness and equality, especially for partners, often women, who support household or business growth without formal marriage protection.
Public reaction and what it means going forward
The ruling has drawn wide attention online, with many South Africans applauding it as a victory for fairness and modern relationships. Others have urged couples to formalise their partnerships through cohabitation agreements, which provide clarity and legal protection should the relationship end.
This judgment does not automatically apply to all cohabiting relationships, but it does strengthen the precedent that a universal partnership can exist when two people intentionally build a life together.
For many South Africans, it’s a long-overdue recognition that love, commitment, and shared effort hold value, even without a marriage certificate.
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Source: IOL
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