Cohabitation (concubinage) refers to the situation of a couple who live together in a lasting and publicly known way. In the absence of a legal status, cohabiting partners are exposed to 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 (conventions de concubinage) to organize their life together and the consequences of their possible separation.
In the event of an abusive termination of the cohabitation, when the breakup is wrongful and causes harm, the aggrieved partner may seek compensation in the form of damages.
There are also protective rules regarding residential leases. Thus, even if the lease was signed in the name of only one of the cohabiting partners, the other may continue to live in the dwelling under certain conditions.
A cohabiting partner may receive a beneficiary’s annuity (rente d’ayant droit) when their partner dies as a result of an accident at work or an occupational disease (Article L. 434-8 of the French Social Security Code). The cohabiting partner may also receive a death benefit (capital décès) 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 when there are minor children or joint assets between the cohabiting partners, as it can make the couple’s separation less contentious.
This agreement can, for example, set 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 the cohabiting partners, particularly the one who may have spent more than the other, so that they can request reimbursement in the event of separation.
Although you are not required to be assisted by a lawyer to conclude a cohabitation agreement, using a lawyer is recommended 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.
The clauses of the agreement that concern the children (residence, contribution to their maintenance and education) can be approved by the family court judge (juge aux affaires familiales), which makes them enforceable.
Gaëtan Escudey is available to advise you on the drafting of a cohabitation agreement.
This general information does not replace a consultation: each situation requires individual assessment.
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