A cohabitation agreement provides security for partners who cohabit in Westland without marrying. This allows you to formalise arrangements regarding finances, the home and what to do in the event of a relationship breakdown.
What does a cohabitation agreement entail?
A cohabitation agreement is a written agreement, drawn up privately or via a notary, in which cohabiting partners make arrangements regarding:
- Who is the owner of certain goods
- How costs are divided
- Arrangements in the event of separation
- Pension provisions
Benefits of a cohabitation agreement
| Advantage | Explanation |
|---|---|
| Transparency | Clear who owns or pays what |
| Security | Arrangements for if you separate |
| Survivor's pension | Required for partner's pension |
| Succession law options | Possibility of a habitation clause |
| Tax benefits | Access to fiscal partnership |
Private or via a notary?
- Private: Draft it yourself, free of charge, but legally weaker
- Notarial: Via a notary in Westland, costs between €300-500, stronger legal validity and essential for specific arrangements
What matters can you regulate with it?
- Division of household expenses
- Ownership of belongings and property
- Arrangements regarding the house
- Habitation clause (who gets the home upon death)
- Partner pension arrangement
- What to do at the end of the relationship
Frequently asked questions about cohabitation agreements in Westland
Is a cohabitation agreement mandatory?
No, it is not mandatory, but without an agreement you have virtually no statutory rights as a cohabitant in Westland.
Do cohabitants have a right to maintenance?
No, unless this is specifically included in the agreement via a maintenance clause.
What if we separate without an agreement?
Without an agreement, everything remains with the original owner. Joint goods must be divided, which often leads to disputes.
Additional questions and answers
Is a notary necessary for a cohabitation agreement in Westland?
You can draft it yourself (private), but this has less legal value. A notarial deed, costs €300-€500, provides more security, especially in complex matters such as succession law or pensions. Seek advice from the Juridisch Loket Westland.
What happens to our home in the event of a breakup without an agreement?
The home remains with the person in whose name it is registered. The other has no rights, unless contributions to costs or mortgage can be proven. An agreement prevents such conflicts by making arrangements regarding sale or division.
Can my partner inherit via a cohabitation agreement?
Yes, provided a notarial agreement contains a habitation clause. This regulates that the partner can remain in the home upon death. For a full inheritance arrangement, a will is recommended.
What about pensions for cohabitants?
Without an agreement, no right to survivor's pension. A notarial agreement with a partner pension clause and registration with the pension fund are required to arrange this.
Can we stipulate maintenance?
Yes, via a maintenance clause in the agreement. This provides security, especially in cases of income differences or care for children. A notary can assist with this.
What tax benefits does a cohabitation agreement offer?
With a notarial agreement, you can apply for fiscal partnership, which offers benefits such as sharing deductions (e.g. mortgage interest) and exemptions on assets. This can be financially advantageous.
How long is a cohabitation agreement valid?
It remains in force until you terminate it, marry or enter into a registered partnership.