What is actual cohabitation?
In the case of actual cohabitation, the cohabitants are not married to each other and they have not made a declaration of legal cohabitation. In principle, more than two people can actually start living together. The nature of this relationship is irrelevant to the law. For example, brother and sister can actually start living together.
Different types of actual cohabitation.
The concept of actual cohabitation covers various situations, such as a cohabitation form with more than two people, people who do not live together but still maintain a lasting relationship, extramarital situation in which the persons do not have a sustainable family home, cohabitation form that is not based on sexuality, etc.
Three forms can be distinguished within the category of actual cohabitation. Firstly, the adulterous actual coexistence. This is a situation where one of the two persons is married to a third. The relationship can be adulterous on both sides, or adulterous only on one side. Various combinations are possible. For example, a married person with a legal cohabitant. Secondly, the actual cohabitation of a legal cohabitant. This is a situation in which one of the two persons is connected to a third party through legal cohabitation. Thirdly, the simple factual coexistence. Two persons who are not married and who have not made a declaration of legal cohabitation either live together.
Is there a legal status for actual cohabitation?
Actual cohabitation is a non-institutionalized form of cohabitation. in other words it is not regulated in the Civil Code. The legislator has not provided for a comprehensive legal framework for such coexistence. Consequently, under the status of de facto cohabitant, one will not enjoy comprehensive protection either. The law doesn't regulate it, but it doesn't prohibit it either. In principle, it is a free relationship, which does not entail any rights and obligations. From a legal point of view, people who actually live together find themselves in a precarious situation.
Until 1970, the Court of Cassation even saw unmarried cohabitation as contrary to public order and morality. Since then, the case law of the Court of Cassation has evolved further. Simple factual cohabitation is no longer seen as contrary to public order and morality. Nor is the actual cohabitation of a legal cohabitant seen as contrary to public order and morality.
The adulterous actual coexistence, on the other hand, is something else. Because this is contrary to the fidelity of the spouses. The duty of fidelity is a matter of public order. As a result, this situation is still legally "unauthorized".
What we do see is that the legislator is increasingly taking into account the actual cohabitants in its legislation. However, there is still no question of a comprehensive statute. That is why it is recommended to draw up a cohabitation contract, or perhaps even to provide for a will.
Other articles on actual cohabitation.