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Cohabitation Property Agreement Template for South Africa

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Key Requirements PROMPT example:

Cohabitation Property Agreement

"Need a Cohabitation Property Agreement for two business owners moving in together from March 2025, with provisions for keeping our respective business assets separate while sharing residential property costs and including specific clauses for potential future joint business ventures."

Document background
The Cohabitation Property Agreement serves as a crucial legal instrument in South Africa where there is no specific legislation governing unmarried cohabiting relationships. This document becomes essential when two individuals choose to live together without entering into marriage or civil union, requiring clear definition of their property rights and financial obligations. It typically includes detailed provisions about property ownership, shared expenses, asset division, and financial responsibilities, while considering South African common law principles and constitutional rights. The agreement helps prevent future disputes by establishing clear guidelines for property management during cohabitation and distribution upon relationship termination, particularly important given the limited legal protections available to cohabiting couples under South African law.
Suggested Sections

1. Parties: Full details and identification of the cohabiting partners entering into the agreement

2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of the non-married status

3. Definitions: Definitions of key terms used throughout the agreement including 'shared property', 'separate property', 'cohabitation period', etc.

4. Duration and Commencement: Start date of the agreement and conditions for termination

5. Property Rights: Detailed provisions regarding ownership, division, and management of property acquired before and during cohabitation

6. Financial Arrangements: Arrangements for shared expenses, individual financial responsibilities, and joint financial commitments

7. Separate Property: Clear identification of assets and liabilities that remain individual property

8. Dispute Resolution: Process for resolving disagreements about property and financial matters

9. Termination Provisions: Procedures and consequences of terminating the cohabitation relationship

10. General Provisions: Standard contractual clauses including governing law, entire agreement, and amendments

Optional Sections

1. Children and Dependents: Include when parties have or plan to have children, covering financial responsibilities and property implications

2. Business Interests: Include when either party owns a business or the parties have joint business interests

3. Inheritance Rights: Include when parties wish to specify mutual inheritance rights or explicitly exclude them

4. Pets and Animal Care: Include when parties have shared pets or animals requiring care arrangements

5. Medical and Insurance: Include when parties wish to address medical aid, insurance policies, and related benefits

6. Intellectual Property: Include when either party has significant intellectual property assets

7. Religious or Cultural Provisions: Include when specific religious or cultural practices affect property arrangements

8. Power of Attorney: Include when parties wish to grant specific powers to each other during incapacity

Suggested Schedules

1. Schedule A - Individual Assets: Detailed inventory of each party's separate property at commencement

2. Schedule B - Individual Liabilities: List of each party's separate debts and financial obligations

3. Schedule C - Shared Assets: Inventory of jointly owned property and assets

4. Schedule D - Shared Liabilities: List of shared debts and financial obligations

5. Schedule E - Monthly Financial Obligations: Breakdown of regular shared expenses and payment responsibilities

6. Appendix 1 - Property Valuation Reports: Independent valuations of significant assets if applicable

7. Appendix 2 - Financial Disclosure Forms: Detailed financial disclosure statements from both parties

8. Appendix 3 - Proof of Ownership Documents: Copies of title deeds, registration documents, and other proof of ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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