Cohabiting partners’ agreement
Cohabitation, according to the Cohabitation law, is when you live together in a partner relationship and have a joint household. Cohabitation property is home and household goods purchased for mutual use. Household goods are, for example, furniture, household machines, TV etc. Cars and leisure equipment are not considered cohabitation property. According to the Cohabitation law, cohabitation property is equally shared regardless of who has purchased it. If you do not want the Cohabitation law to apply, then you can set up a cohabitation agreement. The parties are free to determine for themselves what applies to their cohabitation. This is especially important when you own property disproportionately.
The Cohabitation law provides protection only in case of separation. In case of death, partners do not inherit from each other. It is important to consider writing a mutual will that covers what cohabiting couples inherit from each other.
Partners can take life insurance and have each other as the beneficiary. If one has children from a previous relationship, part of the inheritance can be paid by the insurance at death.
Division of property between cohabiting partners
When cohabitants separate, then the cohabitation property, i.e. joint home and household goods should be distributed by the division of property agreement. One of the partners must request this division of property happens within one year of separation. After one year has passed, it is too late and this right is lost. Division of property also occurs at death. The surviving partner then has the right to request division of property. However, the partner’s heirs have no right to request division of property. One can only divide property when the cohabitating relationship no longer exists or at death. One cannot divide property during an existing cohabiting relationship.