10 March 2025
Unmarried cohabitation without a cohabitation agreement (“informal cohabitation”) is becoming increasingly popular in the Netherlands.
Many couples choose to live together without getting married or entering into a registered partnership. What are the consequences of this choice? This article briefly examines the legal aspects of informal cohabitation and the associated risks.
It may seem appealing to live together without a contract, but is it really? There are different options for living together with a contract, such as; a cohabitation agreement, marriage or a registered partnership. But what happens if you choose none of these options? What kind of consequeces does informal cohabitation have on your children, the investments you have made in your partner’s home, the belongings in your partner’s house or what happens if your partner passes away?
If you live together without a cohabitation agreement, there are no specific legal rules governing your relationship. This means that you and your partner do not automatically have rights to each other’s assets or income if the relationship ends or if one of you passes away. This can lead to complications, especially if children are involved.
A partner who is not the biological mother is not automatically recognized as the legal parent. This partner can only acknowledge the child with the mother’s consent. If the mother refuses, legal proceedings will be required.
If informal cohabitants separate, they have no right to spousal support. This can lead to significant financial complications, especially if one of the parties is financially dependent on the other.
Another key aspect is inheritance law. If your partner passes away, you are not automatically a legal heir. If you are living in your partner’s home, this could mean that you may have to leave the property.
In informal cohabitation, there is no community of property. This means that your and your partner’s income and possessions do not automatically become joint property. On the positive side, you are also not automatically responsible for your partner’s debts.
An example: Jan and Lisa have been living together for five years without a cohabitation agreement. They have also not made a will. If Lisa suddenly passes away, Jan is left with nothing and has no legal claim to her inheritance.
Another example: Marc and Sophie bought a house together. Marc used his private funds to finance the renovation of the bathroom. When they separate, Marc wants to reclaim half of his investment. Without a written agreement regarding the reimbursement of Marc’s contribution, it will be quite challenging to recover such contributions. This situation may lead to lengthy legal proceedings.
Informal cohabitation may seem appealing, but it comes with legal implications. The absence of a cohabitation agreement or marriage can lead to financial difficulties. Therefore, it is often advisable to draft a cohabitation agreement to establish mutual rights and obligations. This can prevent many problems and possible lengthy legal proceedings in the future.
Do you have questions about informal cohabitation? We are happy to advise you on the legal options. Feel free to contact us for more information.
