Personal and family law
Cohabitation agreement
Living together? Record your agreements properly
Do you live together without being married or in a registered partnership? Then it is important to know that the law arranges almost nothing for cohabitants. Legally, everything that belongs to one partner remains that partner's. Think of a home, savings, a business, assets and debts. Only things that you buy together or joint debts you take on belong to both of you.
Many cohabitants assume that their rights are automatically well arranged, but that is usually not the case. With a cohabitation agreement, you avoid uncertainty and record clear agreements about your life and finances together.
A cohabitation agreement is different from a registered partnership. A registered partnership is entered into at the municipality and has almost the same legal consequences as a marriage. A cohabitation agreement is drawn up by the notary and gives you the opportunity to make your own agreements that suit your situation.
What can you arrange in a cohabitation agreement?
In a cohabitation agreement you can, among other things, record agreements about:
- the division of joint and private assets;
- private and joint debts;
- ownership of money in a joint account;
- the division of fixed costs, such as groceries, rent or mortgage, gas, water and electricity;
- investments in a joint home, for example when one partner has contributed more;
- arrangements in case you separate;
- a survivorship clause (verblijvingsbeding), under which joint assets automatically pass to the surviving partner on death.
Together you draw up a single agreement in which your arrangements are recorded. A notarial cohabitation agreement also meets the Tax Authority's conditions for fiscal partnership and is often recognised by pension funds as well. For a partner pension, you usually still have to register separately with your pension fund.
What does a cohabitation agreement not arrange?
An important point to know: with only a cohabitation agreement, you are not each other's heirs. When one partner dies, private assets and debts go to the statutory heirs of the deceased.
Do you live, for example, in a house that is solely in your partner's name? Then this can have major consequences on death. Do you also want to designate each other as heirs? Then it is wise to also draw up a will.
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Frequently asked questions
In a cohabitation agreement, you record important agreements about your life together. This provides clarity, prevents misunderstandings and ensures financial security, both during your relationship and in the future.
You can, among other things, make agreements about:
- whether your household contents are joint or (partly) private, and whether there are private assets or private debts;
- the ownership of the balance on a joint (and/or) account;
the division of household costs, such as groceries and fixed expenses; - the financial contribution towards the purchase of a home and how it is settled in the event of a sale or the end of the relationship;
- the consequences for the home and any pension rights in the event of a break-up;
- a survivorship clause, by which you arrange that joint assets pass to the surviving partner upon death.
With a cohabitation agreement you choose clear arrangements and avoid uncertainty afterwards. That way you both know where you stand, now and in the future.
Upon the death of one of the partners, the other partner is not an heir. Private belongings and debts pass to the family of the deceased partner.
If you live together, for example, in a house that is owned solely by the other partner, you may find yourself on the street if that partner dies.
You do not need your partner's permission to terminate a cohabitation agreement. A written notice (registered letter) is sufficient. No involvement of a judge or notary is needed either. You can make your own agreements about the division of the household contents, joint accounts and the home, for example. Please note: if you bought a house together, you do have to go to the notary to arrange the transfer of the home by means of a deed of partition.
