There are a number of reasons why couples may opt to remain unmarried despite undertaking reciprocal obligations towards each other that are similar to those in marriage relationships. The reasons are various, from estate planning, career considerations, religious reasons, family relations to the lure of independence as an individual.
At the end of the day, our law generally does not confer marriage consequences to couples that are unmarried. This is an important aspect to take note of as there is widespread belief that couples who have stayed too long together are seen by the law as married whereas they are in fact not.
Of particular interest is where unmarried couples intend to purchase property together through a mortgage. This brief article will advise on how that can be achieved.
Between the parties themselves, it is desirable (not compulsory) to have a binding agreement in place that will provide for each party’s obligations towards servicing the bond repayment. However, such an agreement is for the benefit of the parties between themselves and is not a requirement of the lender (unless specifically asked for). The most prevalent reason why parties apply for a bond jointly is to boost affordability when financial assessments are done to determine repayment prospects and creditworthiness. Nevertheless, some people still apply for a joint bond to enjoy joint ownership with their spouse or partner even though they could afford on their own.
Some couples prefer to provide for repayment obligations in a Cohabitation Agreement or Domestic Partnership Agreement. The agreement spells out the reciprocal domestic obligations of the parties, financial obligations as well as the ownership status of the assets. In such agreement then, the parties may spell out what their consensus is with regards to the repayment of the joint bond, property ownership as well as what will happen in the event that the relationship dissolves.
It is also possible for unmarried couples to have a joint bond together without such an agreement in place, provided that they satisfy the other requirements as asked for by the lender.
Within our division is Phoenix Bonds which specialises in bond origination and bridging finance. They assist home buyers find the best deals from lenders.
Further, as Van Deventer & Van Deventer Incorporated, our Conveyancing Department assists with property transfers amongst a host of other specialist services.
We further assist with a wide array of contracts from Commercial Contracts, Lease Agreements as well as Offers to Purchase amongst others. Our Litigation Department is manned by lawyers who have extensive experience in Contract Law.
Contact us for comprehensive assistance.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.
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