Cohabitation: what are my rights?

Do you live with your spouse without being married or pacsed? To know your rights, you are told everything about cohabitation, a legal term that does not involve duties to one another, but can grant some rights on the fiscal and social.

Etymologically, "concubine" means "one who sleeps with". Although the term has long had a pejorative connotation, cohabitation is today legally defined as a de facto union, characterized by a common life of a stability and continuity character, between two persons of different sex or same sex, who lives in a relationship with. Cohabitation is the legal term for "free union" which has no legal value.

The stable and continuous character defined by the law implies that concubinage must be official and known to all (in any case, it must not be hidden). The proof of cohabitation can be reported by various means: certificate of cohabitation, testimonies, statements on honor ...

Cohabitation entails no duty or consequence: every concubin can indeed break this union at any timewithout any particular approach (because free union implies free rupture). It can, however, provide some social and tax benefits, which are still very limited in comparison to those enjoyed by married or PACS partners.

If you meet the above criteria and live well in cohabitation, it is possible to receive benefits from some organizations. To qualify, you will need to prove that you live in a relationship by providing a certificate of cohabitation. It is issued free by some town halls on presentation of proof of identity and proof of address.

If your town hall refuses to issue you the document (it has the right), you will have to present to the organizations a declaration on the honor signed by the two cohabitants (model right here).

Housing: If you are tenant, the effects of cohabitation are different depending on whether one or both cohabitants are (are) holder (s) of the lease >> find out more here.

If both partners have bought a home, they are considered as owners of the home in half (except in case of different distribution provided in the act of purchase). In case of purchase by a single partner, the other partner has no rights to housing.

Properties: The different goods acquired by each of the cohabitants are personal to them.

Social Security benefits :

  • Social security: cohabitants can benefit from benefits if one of the cohabitants is entitled to a social insured and he is at his actual, total and permanent. He then benefits from maternity health insurance as trustee; in the event of death of the cohabiting partner, he benefits from social security for 1 year or until the last dependent child has reached the age of 3 years.
  • Family allowances: it is the notion of home that counts. Anyone who is in charge of at least one child is entitled to benefits.

Birth of a child: If the parents are not married, the father must recognize the child (in town hall or in some maternity homes).

Taxation: Cohabitants must declare their income separately. In the event of the death of one of the cohabitants, the surviving cohabitant is considered as a foreigner. He must therefore pay inheritance and gift taxes, but may benefit from a reduction. To facilitate the proceedings, cohabitants who wish to declare each other heirs must do so by will.


See also: Dressing made to measure for a couple (video)

Video: Cohabitation Agreements vs Marriage. The Law Explained (December 2019).


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