If you have bought, sold, or let property in SA, a good agent would have asked if and how you are married. It might seem like an unrelated and personal question, but there’s a good reason behind it. 

In this article, we’ll dive into why your relationship status matters and what it may mean for your property journey, helping you navigate it with confidence. 

Why Your Relationship Status Matters

Disclosing your relationship status to your property agent may seem unrelated, but it may have serious legal and financial implications that are import ant to know about. 

In South Africa, the law recognises different types of marital and non-marital arrangements, each affecting how property can be bought, sold, or transferred. Simply put, your relationship status determines:

  • Who owns what.

  • Who needs to sign the documents.

  • What happens in the event of a sale, separation, or death.

It’s not about being invasive. It’s about helping you avoid unnecessary complications later in the transaction. That’s why a good agent will always ask upfront, so they can give you the right advice and structure your deal correctly from day one.

Buying In Community of Property: Shared Everything

If you’re married in community of property, the law sees you and your spouse as one financial unit. That means any assets you had before marriage, as well as everything you acquire after, are automatically shared equally. 

When it comes to buying property:

  • Both partners must sign all agreements and transfer documents.

  • Any property owned before the marriage becomes part of the joint estate.

  • You’re equally liable for any debt or financial obligations, even if only one person signs or manages the day-to-day process.

This setup is designed to ensure fairness and mutual ownership, but it also means neither spouse can act alone when it comes to major property decisions.

However, this can create delays or complications if one partner is unavailable or unaware of the process. That’s why it’s essential to be upfront with your agent, so they can guide both parties and avoid legal bottlenecks.

Buying Out of Community of Property: With or Without Accrual

If you’re married out of community of property, you and your spouse each maintain separate estates. This means what you own is yours alone unless otherwise agreed upon. 

This arrangement requires an antenuptial contract (ANC) that is signed before the marriage, outlining how the financial relationship between you and your spouse is structured. 

There are two types of ANCs:

  1. Without accrual: What’s yours stays yours, permanently.

  2. With accrual: Each partner builds their estate independently, but what’s accumulated during the marriage may be shared if the marriage ends.

Here’s why this matters when buying or selling property:

  • You can usually buy, sell or bond property in your own name without your spouse’s involvement.

  • Some ANC clauses may limit or restrict what you can do, and many couples aren’t fully aware of the fine print.

  • If not properly disclosed or understood, these terms can delay transactions or complicate the financing process.

You will need to provide your estate agent with a copy of your ANC during the transaction process. 

What Happens If You’re Not Married But Own Property?

Many couples, friends, and family members choose to buy property together. But while this offers flexibility, it also comes with legal grey areas if there is no formal agreement in place.

This is why you should consider co-ownership or cohabitation agreements. Here’s what those are: 

  • A co-ownership agreement outlines the terms and conditions under which two or more people jointly own a property. 

  • A cohabitation agreement outlines the rights and responsibilities of unmarried couples living together. 

Think of them as business agreements for one of your biggest financial investments. It protects both parties and gives clarity upfront.

Know Where You Stand Before You Sign 

The last thing you want in your real estate journey is an argument about costs when this could have been avoided upfront. Before entering the property market, double-check your marital and ownership documents to ensure everyone is on the same page.

Not only does this make it easier for your real estate agent to guide you through the process, but it also makes the journey less stressful overall. 

If you’re looking to start your property journey and need a trusted agent to help you navigate the ins and outs, the team at RE/MAX Living is here to help! Get in touch with us today to find your dream home.