Cohabitation

Are you moving in together or already living together? Of course, you can live together without arranging anything. If you don't arrange anything, then the law applies. The law just doesn't regulate much for cohabitants. So choose to arrange your affairs properly. We are happy to help you with that.

What is a cohabitation agreement ?

A cohabitation agreement is a deed at the notary in which you make arrangements on paper about cohabitation. By making good agreements you avoid misunderstandings in the future. What agreements can be made? For example, you can make agreements about how the cost of living, rent of a house or the mortgage will be divided. You can also make agreements about and/or bank accounts, their use, but also about the house you live in. This can include a home owned by one of you.

Reasons to draft a cohabitation agreement

The law regulates a lot when people get married or enter into a civil partnership. For cohabitants, it is different. Little to nothing is regulated for cohabitants. Many things (such as tax benefits) require a cohabitation agreement to be signed at the notary. Cohabitants are not automatically each other's heirs. For that you need to make a will. However, in a cohabitation agreement you make arrangements about your joint possessions (such as your house and contents).

If you don't make arrangements as cohabitants, big problems arise when you die or the relationship ends. If you have not made arrangements for your house at death, your partner's share of your house will go to his heirs. Without a will, this is not the partner, but the family.

It is therefore important to have your affairs in order. We are happy to help you with that.

There are more reasons to draw up a cohabitation agreement:

• You have clarity as to which of you pays what costs
• You can take advantage of tax breaks and therefore (potentially) pay less tax
• You agree on each other's housing rights
• You make arrangements for survivor's pension (partner's pension).
• You make arrangements for your household contents
• You define what is and remains private property
• You record whether one of you paid more at the time of purchase and how that is settled later
• You avoid problems with heirs or if you break up.

The video below will give you further information:

Checklist for cohabitants

In a cohabitation agreement you can decide - in consultation with the notary - what you want to make agreements about. Of course, you need to know what you can make agreements about. In any case, attention should be paid to the following questions:

• Do you want to share income with each other?
• In what way do you want to offset household expenses?
• What does and does not fall under household expenses?
• Is there a common residence?
• What happens when the value of a (shared) home increases or decreases?
• What happens if one of you contributes more money to interest and principal on the mortgage?
• What happens if you live together in a home owned by one of you?
• How do you arrange ownership of goods purchased on joint account?
• Do you want to make arrangements for items that are not communal?
• Do you want to make arrangements to rent a property?
• Do you want to make arrangements for partner's pension (survivor's pension) ?
• Do you want to make arrangements for retirement?
• Do you want to make arrangements for possible spousal support?
• Do you want to make arrangements for term life insurance?
• What are the consequences if you separate?
• What are the consequences if one of you dies?
• How will you resolve disputes with each other?

Want more information or have questions? If so, please contact us.

We are happy to help.