We Own a House Together — What Happens If One of Us Dies?

You and your co-owner — a partner, a sibling, a business partner — both put your names on the title deed, assuming that if one of you dies, the other simply keeps the house. That assumption is wrong under South African law, and it catches out an enormous number of co-owners, married and unmarried alike.

South Africa Has No Automatic "Right of Survivorship"

In some countries, property held as "joint tenants" passes automatically and entirely to the surviving co-owner on death, bypassing the deceased's estate altogether. South African law generally does not work this way. When two or more people co-own property here, each owns a distinct, undivided share (commonly 50/50, but it can be any split reflected on the title deed). That share is treated as an ordinary asset of the deceased's estate — it does not automatically transfer to the surviving co-owner.

Instead, the deceased owner's share passes according to their will, or under the Intestate Succession Act if they didn't have one — exactly like any other asset. The surviving co-owner does not inherit it automatically just because their name is also on the deed.

What This Means in Practice

Say two unmarried partners buy a home together, each registered for a 50% share. If one dies without a will:

• Their 50% share becomes part of their deceased estate.
• If they have no spouse (their partner isn't legally a spouse) and no children, that 50% passes to their parents, then siblings — not to the surviving partner.
• The surviving partner now co-owns the home with the deceased's relatives, who may want to sell, occupy, or dispute the arrangement.

Even between spouses, the outcome depends on your marriage's matrimonial property regime — under a marriage in community of property, the estate is generally shared as one joint estate, but under a marriage out of community of property (with or without accrual), each spouse's individual share is treated separately, just like unmarried co-owners.

The Exception: A Properly Drafted Will

The fix is straightforward: your will should explicitly state what happens to your share of jointly owned property. You can:

1. Bequeath your share directly to your co-owner, so the property consolidates into their sole name without dispute.
2. Set up a formal agreement between co-owners (separate from the will) governing what happens on death — for example, a right of first refusal for the surviving owner to buy out the deceased's share from the estate.
3. Consider a joint mortgage life policy that pays out enough to settle any outstanding bond and smooth a buy-out, rather than forcing a sale.

Don't Assume — Name It

"We're both on the title deed" feels like protection, but it isn't the protection most co-owners think it is. If you own property jointly with a partner, sibling, or friend, your will needs to say explicitly what happens to your share — otherwise the default rules decide, and they rarely match what either of you intended. This matters even more if you're not married — see our guide on whether an unmarried partner can inherit in South Africa. Create your will online — free, and make sure your share of the home goes exactly where you want it to.