Legal cohabitation: the benefits and consequences

Legal cohabitation means that you officially make a declaration at the civil registry of your municipality. This brings clear benefits and rights: you both contribute to the costs of living together and have limited inheritance rights if one of you dies. Thus, legal cohabitation offers more security than ordinary cohabitation without an official arrangement. With a cohabitation contract, you can also set down tailor-made agreements on, for example, property and other financial arrangements, which can prevent problems later on in case of divorce or death. In this way, you combine freedom with legal protection, without the need for marriage.

With de facto cohabitation, you simply live together at the same address, with no automatic rights or obligations attached. By contrast, legal cohabitation means that you make a declaration at the civil registry, which creates legal obligations: you both contribute to the costs of living together and have limited inheritance rights if one of you dies. A cohabitation contract allows you to further customise these rights and obligations, so legal cohabitation offers both security and flexibility.

Here are the main benefits of legal cohabitation at a glance:

• Legal recognition: Cohabitation is officially recorded at the civil registry, making your relationship legally recognised.
• Contribution to costs: Both partners are legally obliged to contribute to the costs of cohabitation, giving financial clarity.

• Limited inheritance rights: If one partner dies, the other is automatically entitled to part of the inheritance, without the need for a will.

• Flexibility via cohabitation contract: You can agree on property, finances and other arrangements, so that the legal frameworks fully suit your situation.

• Protection in the event of divorce: Legal cohabitation lays down certain rights and obligations that can prevent problems in the event of a break-up.

• No marriage required: You get many of the benefits of marriage, but without the formalities or obligations that come with getting married.

Here is a summary of the main disadvantages of legal cohabitation:

• Legal obligations: Both partners have to contribute to the costs of cohabitation; this can be financially burdensome if the situation changes.

• Limited inheritance rights: Inheritance rights are present but not as extensive as in a marriage; additional arrangements may be needed via will or cohabitation contract.

• Less flexibility without a contract: Without a cohabitation contract, you are bound by the legal rules, which may not best suit your wishes.

• Formal termination: To terminate legal cohabitation, a declaration at the civil registry must be made; this is slightly more formal than simply separating in actual cohabitation.

• Potential conflicts in case of death or break-up: If matters such as property or finances are not clearly arranged, legal problems may arise. Therefore, it is best to consult a lawyer beforehand, then this can be avoided.

A lawyer will advise you on the legal consequences of de facto or legal cohabitation and, if you wish, help you draw up a cohabitation contract tailored to your needs and situation.

A lawyer will prevent you from overlooking anything, because he or she knows better than anyone else where the snags are and what problems can arise if certain matters are not settled in the event of a break-up or death.