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There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.
Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.
When it comes to letting a property – both the tenant and the landlord should always enter into any letting agreements openly and honestly and intending for each party to get proper value. Often it’s the approach which the parties adopt which will determine whether the relationship between the parties and the benefits they derive therefrom is mutually satisfactory. Furthermore, there are important duties that each party is expected to do.
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