Written By: Visser Vermaak Inc.
More and more couples are buying a home before they get married. It makes sense—rent is expensive, interest rates fluctuate, and couples want to start building wealth early. But here’s the part most couples overlook:
When you buy property before marriage, your marital regime does not automatically apply.
Your property rights are determined by the title deed, not the wedding.
This means the decisions you make before you say “I do” can have long-lasting financial implications.
Here’s how to protect yourself every step of the way.
- Decide Who Will Own the Property—and in What Percentages
Property ownership is determined by the title deed. Common options include:
- 50/50 ownership
- 70/30 or other split (based on contributions)
- One partner as sole owner
Remember:
If your name is not on the title deed, you have no legal ownership—regardless of how much you contributed.
If you’re contributing to the deposit, bond, or renovations, make sure your ownership reflects that.
- Put Your Agreement in Writing
Buying property together before marriage should never be done on trust alone. A co-ownership agreement (also called a property partnership agreement) is essential. It should include:
- how much each partner contributes
- ownership percentages
- who pays which costs (bond, rates, insurance)
- what happens if one partner wants to sell
- what happens if you break up before the wedding
- what happens if one partner cannot pay their share
- how renovations and improvements affect ownership
This avoids misunderstandings and protects both partners financially.
- Understand What Your Future Marital Regime Will Not Fix
Couples often assume:
“Once we get married, the house automatically becomes ours together.”
This is not true.
If you marry in community of property:
The property becomes part of the joint estate.
If you marry out of community with accrual:
Ownership stays exactly as recorded on the title deed. Accrual may influence growth claims—but it does not change the ownership split.
If you marry out of community without accrual:
The property remains separate.
Your engagement does not give you rights.
Your wedding does not rewrite the title deed.
Only a transfer or formal amendment can change ownership.
- Protect Yourself Against Debt and Credit Risks
If both partners apply for the bond:
- You are jointly and severally liable.
- If your partner misses payments, your credit score is affected.
- If you break up before the wedding, you still remain legally tied through the bond.
If one partner’s credit score is weak, consider:
- registering the property 50/50,
- but applying for the bond in the name of the partner with good credit,
- supported by a co-ownership agreement to protect asset rights.
Never expose your credit record without clarity and protection.
- Keep Records of All Contributions
Whether you pay toward:
- the deposit
- transfer costs
- renovations
- monthly instalments
- levies and maintenance
…keep written records and proof of payments.
If ownership is disputed later, especially in the absence of a formal agreement, documentation becomes crucial.
- Consider a Prenuptial Conversation Early
Buying property before marriage is a financial partnership. Before signing the offer to purchase, discuss:
- which marital regime you will choose
- whether the property will be excluded from accrual
- how the home fits into your long-term wealth plan
- what happens if one partner contributes more upfront
- how to protect children from previous relationships (if applicable)
Your ANC and your property decisions should work together—not against each other.
- Use Legal Professionals, Not Verbal Promises
Buying property is a major transaction.
A WhatsApp message is not sufficient protection.
Work with:
- a conveyancer,
- a notary (for the ANC later),
- and an attorney to draft the co-ownership agreement.
This ensures your rights are documented and enforceable.
- If You Break Up Before the Wedding
This is the part couples hope never happens—but it must be planned for.
Your agreement should spell out:
- how to value the property
- who has first option to buy out the other
- how profits or losses will be shared
- who pays bond instalments during the transition
- how long one partner may remain in the home
Clarity now prevents conflict later.
Buying Property Before Marriage Is Smart—If You Protect Yourself
Purchasing a home together is a beautiful milestone. But it requires the same level of planning, transparency, and protection as your marital regime and will.
With the right structures in place, you can build security, trust, and long-term wealth—together.
