With a cohabitation contract you can legally arrange your actual cohabitation

Make a cohabitation contract and determine your property rights and obligations!

Partners who actually live together can enter into a cohabitation contract with each other regarding their property rights and obligations. In this they can regulate various elements of alimony and property relationships. However, the mandatory rules must be complied with. Nor should it concern an infringement of the personality rights, such as making it difficult for example to end the relationship.

The status of de facto cohabitant will have no consequences with regard to the property of the partners. Each partner remains the owner of its goods. Goods purchased together belong to them jointly. All kinds of written agreements are possible in the field of material goods and finances. Also with a view to proof of ownership, it is best to make an inventory of the goods when entering into the actual cohabitation. It is also possible to enter into an agreement that regulates the rules with regard to the proof. Such terms serve as a presumption of ownership between the partners and the heirs.

No legal status for de facto cohabitants

The legislator has not created a statute for de facto cohabitation. The "status" of de facto cohabitant is therefore not framed by legal rights and obligations. An analogous application of the rules of marriage and legal cohabitation is also not allowed. If one wants to have rights and obligations between the partners, one will have to do this through agreements. However, one will encounter some obstacles here.

No agreements possible about the person of the partners

The status of de facto cohabitant does not create any personal rights or obligations. There will therefore be no fidelity obligation, no cohabitation obligation and no maintenance obligation.

In principle, one cannot contract with regard to personal rights and obligations. This is because the status of the person is determined by law and the human person is out of commerce. Consequently, no restrictions may be placed on the personal freedom of the person. Consequently, the cohabitants can in principle contractually stipulate very few personal consequences of their cohabitation. This is also the case with legal cohabitation, they are also unable to contract regarding these personal consequences. This is only possible within the marriage. But the actual cohabitants will, within certain limits, be able to establish a maintenance obligation between each other. The existence of a natural obligation to pay for the funeral or cremation by the surviving partner is also recognized.

Wills, inheritance and gifts

There is no mutual inheritance between the partners. This can be solved by means of donations or the creation of a bequest.