Cohabitation agreement
If you live together without having entered into a civil partnership or without being married, the law does not provide for you at all. All assets and debts are for each partner’s account. In a cohabitation agreement you lay down agreements between you and your partner. You arrange what expenses, what possessions and bank accounts are shared property and what is not shared.
Marriage, civil partnership or cohabitation agreement?
What is best in your situation? If you opt for marriage or a civil partnership, you enter into a formal relationship. The Registrar of Births, Deaths and Marriages will explain to you that a marriage and civil partnership end when a partner dies or in case of divorce. If you wish to live together without entering into a formal relationship, a cohabitation agreement is not mandatory but it is advisable.
Buying a house and a cohabitation agreement
If you buy a house together, you co-own substantial property. In a cohabitation agreement you set down who pays what share of the mortgage, who owns what, such as heirlooms, collections, or major amounts of money, and what to do with the house when you die.
Incorporating a company and a cohabitation agreement
In the event that you set up a company, it is important to carefully consider what is company property and what is private property. Will your partner share in the increase in value of the company, or is it important to you to protect your partner in case things go wrong? You can arrange this in a cohabitation agreement. When you live together, all possessions and all debts are kept separate and your partner is automatically protected against possible creditors.
Having children and a cohabitation agreement
If you have children together or if you have children from a previous relationship, these children are your lawful heirs. When you die, your children are entitled to their statutory share immediately. Do you want to protect your partner against this or appoint your partner sole heir? This is possible with a notarial cohabitation agreement in combination with a last will.
A cohabitation agreement drawn up by civil-law notary Houtepen
The main situations in which it is advisable to have a cohabitation agreement were mentioned. Moreover, a pension fund may require you to submit a cohabitation agreement. Take the test and find out whether a cohabitation agreement is in your and your partner’s interests.
Civil-law notary Houtepen will discuss with you what you want to have arranged through your cohabitation agreement. We discuss your wishes at length, in order that your cohabitation agreement will be consistent with both your current and future situation. Make an appointment for an informal talk, without any obligation.