Legal Talk

Author: Fawzia Khan
Date: 2014-08-29

Ending a romantic relationship, where the parties were not formally married in terms of civil law or civil union is no less difficult to deal with than if the couple were formally married to each other. What rights, if any, do the partners have over each other once the relationship has ended?

Does a person have a right to claim any financial support or maintenance against an ex- partner? Can an ex-lover be evicted from the common law home where she previously resided? These were some of the questions put to the Western Cape High Court. In this case in which judgment was given in August 2014, the court was tasked with making a ruling whether or not to find it just and equitable to evict a person from her residence after the relationship with her former lover ended.

The court heard that a married German businessman and who lived primarily in Germany, owned a house in Somerset West. He said that he had an oral agreement of lease with a woman and allowed her to occupy the home since 2007. He said that the terms of their agreement of lease was that the woman would maintain the home and pay all expenses for the home from funds which he provided the woman with. He claimed the woman breached the lease agreement by failing to pay for the expenses incurred for the home. He then tried to evict the woman from the premises.

The woman denied this and said there was no lease agreement concluded between them whatsoever, whether written or oral. Her version was that she and the man were involved in a romantic relationship. The man lived with her for four months every year and would then return to Germany to his wife. She was given a general power of attorney by the man to deal with his affairs in South Africa and received financial support from him to maintain herself and to run the home.

She also received expensive jewellery and a motor vehicle as gifts from the man. The man introduced her to people as his wife. According to her she was allowed to reside on the property for ten years. She claimed that she was assured that even if the relationship ended, the man would give her another townhouse of the same value to the one she occupied.

After considering all the evidence before it the court held that the man could not be prohibited from terminating his relationship with the woman nor was he prohibited to withdraw his consent for the woman to live in the home. As the woman was no longer his partner he had withdrawn his consent and as the owner of the premises he was entitled to retake possession of the premises. The woman was therefore unlawfully occupying the property and was ordered to vacate the premises.

The court held that cohabitants generally do not have the same rights as partners in a marriage or civil union, "since our Courts have emphasized the importance of marriage as a social institution and the important legal obligations such as the reciprocal duty of support flowing therefrom".

Know your rights! The Law Desk of Fawzia Khan & Associates. We know! We care! We deliver! Email fawzia@thelawdesk.co.za or call 031-5025670 for professional legal assistance at competitive rates.

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