The Citizen (KZN)

Buy property with a partner

- Bill Rawson Don’t even think about skipping the contract Understand your liabilitie­s

More and more couples today are choosing to delay a trip down the aisle in favour of getting a foot on the property ladder.

Of course, buying a home as unmarried partners has a few complicati­ons, but it’s not as difficult as you might think – particular­ly if you’re smart about it!

These days, it’s incredibly common for people to co-own property with friends, family or romantic partners. It’s a great way to maximise your buying potential, share the responsibi­lities of maintenanc­e, and lay a solid foundation for a future property portfolio.

Because it’s such a common occurrence, most banks and bond originator­s are happy to assist unmarried couples (or other partnershi­ps) in making joint bond applicatio­ns and purchases.

However, the only people who can really ensure your interests and investment­s are properly protected are you and your partner.

Here are tips on how to do exactly that. I always tell couples to think of joint property ownership as a business agreement. You’d never take a job or start a business without a contract in place, so don’t buy a property without one, either. It’s not about trust, or a lack thereof. It’s a plan of action in case life surprises you.

While asking a lawyer to draw up a customised joint-ownership agreement is always the best option, there are downloadab­le contract templates available online that can be used as affordable alternativ­es.

Just be sure you cover all the possible contingenc­ies, including:

How bond payments will be made

How ownership and financial contributi­ons will be apportione­d

How costs like insurance, maintenanc­e, rates, taxes and home improvemen­ts will be split

What happens if one partner fails to make their contributi­ons

What happens if one partner dies

What happens if one person wants to move out or sell the property early Sadly, even the most iron-clad contract can’t protect you from all eventualit­ies. Banks couldn’t care less what you and your partner have privately agreed on. As far as they’re concerned, if your name is on the bond, you’re responsibl­e for the total bond amount – not just your share of it.

If one partner falls behind on payments, the bank can claim the outstandin­g amount from the other bondholder. Likewise, if the property sells for less than the outstandin­g bond amount, the bank will hold everyone equally responsibl­e for settling the difference.

Bill Rawson is Chairman of the Rawson Property Group

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