Love is in the air, but don’t just say ‘yes’ to buying a home together
BY BONNYBUYING a property with the one you believe you will spend the rest of your life with can be an exciting and rewarding decision but even if you feel your love is everlasting, you have to protect yourself in case the relationship fails.
There is no love lost when it comes to fighting for something with an ex-partner in a court of law.
More often than not, says property investor Ben Malapile, couples decide to buy properties together without being married or even planning to get married, and after a few years, they break up and fight for the property.
“In some cases, the couple assisted each other with paying the monthly instalment and can’t afford it individually.”
Before couples buy together they should have their affairs in order and, if they choose to buy as an unmarried couple, they should clearly stipulate what would happen to the property if they decided to part ways.
Does the property have to be in both our names?
If you are not married but are contributing to the property together, the best way to protect yourself is to have it registered in both names, advises Eduan Milner, of Eduan Milner Attorneys, Notaries and Conveyancers in Cape Town.
After all, having ownership is the “ultimate decision”.
“Yes, there will have to be a division (in the event of you breaking up), such as one party buying the other out, or sale of the property to a third party, but neither of the parties can deal with the property without the co-operation of the other.”
If you and your partner wish to have the property registered in one of your names, you must, at the least, conclude an agreement that regulates what would happen to the property if you split up or it was sold. However, the drawback is that it remains an agreement that must be enforced in a court of law, and this could take a long time, he says.
“By that time, the owner could have sold the property and spent the money. Such an agreement would be a far second place to ownership itself and could give a false sense of security to the one party if he/she was not aware of the procedure and time it would take to enforce his/her rights.”
Buying a property and obtaining a mortgage loan is a long-term commitment, so this decision has to be made after considering all factors, says Leonard Kondowe, the finance manager for the Rawson Property Group.
“When you buy jointly it helps improve your affordability levels which will then enable you, as buyers, to qualify for bigger
mortgage bond finance.”
What happens if I am not working but have money to contribute?
Milner explains that the mortgage bond will always follow ownership, so if the property is registered in both names, the bond also has to be in both names. And the fact that one of you does not have an income will not prevent that person from becoming a mortgagor as the bank will look at the affordability of the application as a whole.
“If your contributions are going to be different, you could even register the property in a percentage that is not equal, such as 70/30, for example. However, both parties would be fully liable under the bond, irrespective of the percentage in which you hold shares in the property.
“Should you split up, the proceeds from the property would be divided according to each one’s share, unless a party could prove that it must be different, for example, if an agreement was concluded to that effect.
“Of course, the party feeling aggrieved by the split would have to bring an action in a court of law to enforce his/her rights. For example, if the parties initially decide on a 50/50 split but, during the course of the relationship, the one party contributed more than they had initially foreseen, they could either conclude an agreement to reflect that the one
party has contributed more or they could transfer a further percentage to that party to reflect an increased ownership.”
However, the last-mentioned option would be costly as it would need to be registered in the Deeds Office and transfer duty would come into play, he says.
If my partner is paying the bond but I am paying for other household costs, what rights do I have to the property?
In a case like this, Milner says, both parties are effectively contributing to the property, one by paying the bond and the other by covering other expenses.
He adds: “If the property is registered in both your names, but the contributions are not equal, you should conclude a written agreement to that effect. If you split up and one party has contributed more than his/her pro rata share, he/she would be able to recover additional contributions only in a court of law.
“However, if they do not keep book of such additional contributions and have it in writing, it is going to be very difficult to prove.”
In a nutshell, how best can my partner and I protect ourselves if we buy a home together?
The best way to do this, Milner explains, is to have the ownership in the property reflect each of your respective investments in the property. If your investments are not an accurate reflection of your ownership percentage, you must reduce it to writing and even amend such documents as the situation changes over the years.
“I know, however, that very
few people do it as they seldom think of the bad times while it is going well. However, what you do not put in writing is going to be very difficult to prove a couple of years down the line.”
Echoing this, Carl Coetzee, the chief executive of Better Bond, says it is advisable to have a clear agreement that sets out each party’s contribution to costs including the deposit, transfer costs, monthly bond payments, home maintenance and utility bills.
“Buying a property with someone else – whether a partner or a group of friends – involves a great deal of trust. You will need to do full property transfer if one of you decides to pull out of the partnership and exit the bond agreement.”
While there are many factors to bear in mind with joint ownership, if done properly, he says it could be an effective way of making home ownership more accessible to a couple who would otherwise be unable to afford a bond on their own.
There’s no right or wrong answer when considering buying a home alone or with a partner, but Coetzee says there are some considerations to bear in mind.
“You and your partner would both be jointly liable for the bond repayments, legal, and administrative fees associated with the buying and selling of the property and any other associated costs. Also, the credit scores of both partners would be affected if either of you default on your bond payments. Also, the others in the partnership would have to cover the defaulter’s share of the payment to avoid the risk of losing the property.”
Unmarried couples need to use their heads and not their hearts when making the long-term commitment
FOURIE bronwyn.fourie@inl.co.za
First-time buyers taking out personal loans to get home loans
BY BONNY FOURIE bronwyn.fourie@inl.co.zaFIRST-time home buyers desperate to purchase property are resorting to taking out personal loans to help them get a mortgage.
There has also been an increase in the number of aspiring owners turning to the Government’s Finance-linked Individual Subsidy Programme (Flisp), says FNB Property economist Siphamandla Mkhwanazi.
Even though house-price growth is dropping, many South Africans cannot afford to put down deposits, and are mainly relying on 100%+ bonds.
In the latest FNB Property Barometer, Mkhwanazi says 73% of first-time buyers are using bonds of 100% or higher as their primary means of funding their home purchases. The figure for Q4 2022 is slightly higher than that from Q4 2021.
Only 16% have sufficient savings to help them get approved for a home loan, and 5% are turning to the Flisp subsidy.
“As affordability becomes more stretched, we expect homebuying activity to decrease in the coming months. In particular, the steep interest rate hiking cycle and elevated inflation have eroded affordability, making it difficult for
buyers to save enough for a down payment,” Mkhwanazi says.
An interesting trend that was not often seen at the end of 2021, but was being used by 5% of buyers a year later, as at Q4 2022, is taking our personal loans from banks in order to secure mortgages.
“Anecdotal evidence suggests that some first-time buyers have turned to unsecured lending to fund their upfront deposit. Additionally, there has been an increase in reliance on government subsidy programmes, such as Flisp, to help these buyers enter the market.”
He adds that internal mortgage applications data further supports the rising popularity of home loans with lengthier payment periods, such as longer than 20 years. This, however, is being seen more predominantly among lower-income earners.
“Notably, however, homeowners have an inclination to pre-pay their mortgages. In Q4 2022, the average holding period for a mortgage was around 92 months (seven years and six months), but lengthens to 119 months (approximately 10 years) for more affordable properties.
“Mitigating against the weaker fundamentals are factors such as changes in consumer preferences due to the pandemic, structurally
improved affordability, credit availability, and a higher household formation rate.”
Mkhwanazi says debt-toincome and debt-servicing ratios remain low by historical standards. Lenders are therefore expected to be more competitive and offer more affordable options to attract customers, countering the effects of higher borrowing costs.
“Non-labour income is also expected to remain relatively supportive of activity in higherincome market segments.”
Non-labour income includes capital gains, dividends, interest, transfer payments, gifts and prizes.
THE AFFORDABLE MARKET
In the report, Mkhwanazi says the market is expected to see a decline in sales volumes and price growth as households face financial strain.
However, some lenders are putting more focus on this market and introducing innovations to improve affordability, such as longer mortgage terms, collective buying options and more streamlined administration of Flisp.
“Additionally, volumes will benefit from people moving from high-priced properties due to rising debt costs.”
Despite the expected downward pressure on prices, he says the persistent shortage of housing and strong desire for home ownership will partially offset it.
MIDDLE-PRICE MARKET
Although the latest employment data showed a “positive surprise” with job gains, Mkhwanazi notes that most were low-quality jobs. This, combined with the global economic slowdown, increases the likelihood of a downturn in activity.
“As a result, we anticipate a decrease in buying activity. However, stable interest rates and increased competition in credit markets should help support activity. Additionally, modest household savings may provide some relief against rising living expenses.”
Forecasting house price inflation (HPI) for 2023, Paul-Roux De Kock, the chief analytics officer at Lightstone, believes the mid-value market segment “should be more resilient” than other segments as it will gain from the more active informal economy as well as activity from buyers out of the higher value segments wanting to downscale.
This will be welcome news from homeowners and sellers in the segment as, in a worst-case scenario
prediction, house-price growth is expected to drop to only 1.2%. It even has the potential to reach 4.2% in a ‘best-case scenario’ outlook.
AFFLUENT MARKETS
After a productive 2021 and 2022, marked by favourable pricing, a robust recovery in non-labour income, improved balance sheets in the aftermath of the pandemic, and the rise of remote work, Mkhwanazi expects a decrease in buying activity this year, partly due to a drop in buyer confidence. That said, supply-side factors might mitigate the impact on price growth.
“Sales related to emigration have slowed, and construction of new housing units should continue to decline.”
Higher-value outstanding mortgages in sections of the luxury market segment have seen this segment more negatively affected by the upward interest rate cycle, and Lightstone expects this to continue under the both the worst-case and middle-case scenario forecasts.
“In our High HPI scenario, we expect HPI in this market to start recovering sooner than the lower value market segments but coming off a low base, we see limited upside potential in 2023,” De Kock says.
Even though house prices are dropping, many people can’t afford to put down a deposit and are resorting to other means to get a foot on the property ladderMany have turned to unsecured lending and government subsidies to buy their first home. PICTURE: RODNAE PRODUCTIONS/PEXELS
RONDEBOSCH
RONDEBOSCH R2,5 MILLION
RONDEBOSCH R2,8 MILLION
ROSEBANK R1,65 MILLION
RONDEBOSCH
RONDEBOSCH R1,95 MILLION
R3,1 MILLION
Spacious Three Bedroomed Apartment (123m²) above the Main Road in pretty garden setting. Fitted Kitchen and Bathroom. *Parking Bay. Walk to
over Bath. Fitted Kitchen. *Garage. *Walk to Shopping Centres, Restaurants, UCT and Transport.
CONTACT: RHONDA C: 082 448 7795 T: 021 685 2212 E: RRPSALES@MWEB.CO.ZA / WWW.RHONDARAADPROPERTIES.CO.ZA
A RARE OPPORTUNITY NOT TO BE MISSED
This magnificent home sits high on our beautiful mountain at the edge of National Parks land and has uninterrupted views across False Bay towards Simon’s Town, the Hottentots Holland Mountains of Somerset West/Stellenbosh and South to Rooi Els as far as the eye can see.
Once you enter you almost have the feeling of being on board ship with every room boasting breathtaking views from every corner of the property.
PROPERTY DESCRIPTION:
TOP LEVEL: 1:
3 Garages with direct access double glazing, sliding doors and Euro style open in/tilt windows and doors for easy cleaning with lounge and dining view preserving Luxaflex Blinds. Fantastic entertainers kitchen with views, Luxaflex Blinds, open in/tilt windows, easy access drawer and cupboard systems. Energy saving instant water heaters for kitchen and bathrooms. 3 phase energy supply to enable load balancing and instant water heating. Beautifully appointed entrance, secure and side garden patio, lounge and dining areas with large balcony, 3 x 316 plate stainless steel pillars clad in ALU support sea facing beam. Low maintenance Rhein Zinc Eave cladding and gutter on main roof. Warranties on main and new garage roofing. Stainless steel recessed gutter on main roof feeds 2 x 6000 litre tanks in large level 3 store room, programmable water system.
LEVEL 2.
2 Bedrooms both with beautiful en suites, common balcony access and fabulous views. Ample cupboards. Carpeted bedroom areas..
LEVEL 3.
This level is office space with a separate bathroom at the moment but can be turned into an apartment with its own entrance or alternately another 2 bedrooms. Inside ALU American Shutters for security and comfort.
ASKING PRICE R7.25 MILLION
Bidding opens 22 FEB 2023 @ 12h00
https://bidlive.maskell.co.za
URGENT ONLINE AUCTION OF A PRIME ±8396m² MEDIUM IMPACT MIXED USE STAND WITH ROAD FRONTAGE TO BOTH WHITE ROAD AND MURDOCH CRESCENT: LOCATED IN WESTGATE, PIETERMARITZBURG IDEAL OPPORTUNITY FOR DEVELOPERS AND INVESTORS
Duly instructed by the Business Rescue Practitioner for Capital City Housing NPC
The property is zoned as Medium Impact Mixed Use which provides for a restricted range of commercial activities, workshops, offices, restaurants, residential development at medium intensities of development and with limited impacts
Contact Danielle (Candidate Property Practitioner) on 082 801 6827 / danielle@maskell.co.za • R50 000 buyer's card deposit payable by EFT • 10% deposit payable on fall of hammer • FICA to be provided • “Above subject to change without prior notice • Sale subject to confirmation (E&OE) *Automatic staggered ending time : if a lot receives a bid within the last 10 min, bidding will remain open for an additional 10 min - If any further bidding occurs, the extension timer will reset to 10 min - If no further bidding activity occurs, the lot closes when the timer runs out
AGENTS’ DIRECTORY
DOGON GROUP PROPERTIES
Atlantic Seaboard Office 021 433 2580
thekings@dogongroup.com
www.dogongroup.com
RHONDA RAAD PROPERTIES
Cape Town Office 082 448 7795
Email: rrpsales@mweb.co.za
www.rhondaraadproperties.co.za
SHELLEY RESIDENTIAL
KZN
Office 082 412 4463
Email: hello@shelley.co.za
www.shelley.co.za
DOGON GROUP RENTALS
Sea Point Office 021 433 2580
enquiries@dogongroup.com
www.dogongroup.com
DOGON GROUP PROPERTIES
Southern Suburbs, Claremont Office 021 671 0258
southernsuburbs@dogongroup.com www.dogongroup.com
CAPE WINELANDS
Nicho 072 601 1772
Hannes 066 476 1890
sales@aandewijnlanden.co.za
viognier.aandewijnlanden.co.za
SERENITY HILLS ECO ESTATE
Simon’s Town Office 021 786 3947/073 140 2543
Email: iporter@yebo.co.za
www.ireneporterproperties.co.za
PETER MASKELL AUCTIONEERS
KZN
Office: 033 397 1190
Email: info@maskell.co.za
www.bidlive.maskell.co.za
BALWIN PROPERTIES
Ballito Office 084 788 1020
Email: michelle@balwin.co.za
www.balwin.co.za
DOGON GROUP PROPERTIES
Western Seaboard
Office: 021 556 5600 or 021 433 2580 enquiries@dogongroup.com www.dogongroup.com
VAN’S AUCTIONEERS
Gauteng Office 086 111 8267
www.vansauctions.co.za
www.iolproperty.co.za
WIDENHAM RETIREMENT
VILLAGE South Coast, KZN 066 306 0669 / 066 306 0612
www.hibiscusrv.co.za
www.widenhamretirementvillage.co.za