I am not married but am cohabiting. What are my rights and obligations?
Cohabitation refers to a couple who live together in a lasting and well-known relationship. In the absence of legal status, cohabiting partners may face difficulties in the event of a breakup, particularly with regard to the division of property acquired during their life together.
This is why some cohabiting partners decide to enter into cohabitation agreements to organize their life together and the consequences of their possible separation.
In the event of wrongful termination of the cohabitation, when the breakup is at fault and constitutes harm, the aggrieved cohabitant may seek compensation in the form of damages.
There are also protective rules regarding residential leases. Thus, even if the lease was only signed in the name of one of the cohabiting partners, the other may continue to live in the dwelling under certain conditions.
The cohabiting partner is entitled to receive a survivor’s pension in the event of the death of their insured cohabiting partner as a result of an accident at work or an occupational illness (Article L. 434-8 of the Social Security Code). The cohabiting partner may also receive a death benefit if, at the time of their partner’s death, they were effectively, totally, and permanently dependent on them.
The cohabitation agreement. The cohabitation agreement allows cohabiting partners to organize the various aspects of their life together, particularly financial matters, at any time.
It is particularly recommended in the presence of minor children or joint assets between cohabiting partners, as it can make the couple’s separation less contentious.
This agreement can, for example, be used to determine the rules for contributing to the costs of living together. Unlike spouses, cohabiting partners are not legally obliged to contribute to the costs of living together.
Providing for this contribution in a contract protects cohabiting partners, particularly those who have spent more than the other, so that they can request reimbursement in the event of separation.
Although it is not mandatory to be assisted by a lawyer to conclude a cohabitation agreement, it is recommended that you use a lawyer to draft it in the best possible way and protect your interests. When the agreement is countersigned by a lawyer, it has greater probative value than documents simply concluded between the parties.
To make it enforceable, the cohabitation agreement may be approved by a family court judge.
Gaëtan ESCUDEY is available to advise you on the drafting of a cohabitation agreement.