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Cohabitation

In France, the common law provides no obligation to cohabitants does not provide protection of one by the other, no joint liability of expenses on everyday life.


What defines cohabitation?

Cohaitation is defined by a law dated on 1999 as a Union characterized by a common life with a character of stability and continuity, between two persons are living in couples.


The certificate of cohabitation

The certificate of cohabitation issued free by some town hall and has very little legal value because it certifies the situation of the cohabitees.

For the issuance of the concubinage certificate, cohabitants are asked for proof of identity, receipts or invoices for both names. The mayor may refuse to establish it. The cohabitants can write a declaration on their honor to justify their state of concubinage.


The cohabitation agreement

Unlike the certificate of cohabitation, the cohabitation agreement is a contract whose contents may be chosen at will , and which is to stipulate the conditions under which the cohabitees live together. There are, however, fewer advantages than a marriage contract or a civil solidarity pact (PACS).

It is essentially used to draw up an inventory of the property, particularly movables , each partner owns as well as their fate in case of break and to specify how the couple operates on a day-to-day basis (participation in joint expenses).

But it does not govern the general ownership of property acquired during the common-law partnership (property will either belong solely to the person who purchased it or be jointly owned if purchased by both partners). Neither does it enable common-law partners to enforce personal obligations on one another.