Cohabitation, Common-Law Union: The Guide to Understanding

Living together, sharing a daily life, building projects... More and more couples are choosing to build their story without going through marriage or a civil partnership . We then talk about free union or cohabitation . But what do these terms really mean? What is the legal reality behind this freedom?

Far from being just a "strange term," cohabitation is a well-defined situation that involves rights and, above all, a lack of protection that is crucial to understand.

This guide is here to clarify the situation and allow you to live your love with full knowledge of the facts.

What is Cohabitation (or Free Union)?

Both terms mean the same thing. The Civil Code defines cohabitation as:

• a common-law union ,

• characterized by a common life ,

• presenting a character of stability and continuity ,

• between two people who live as a couple.

In short: it is the fact of living together as a married couple, but without being married or in a civil partnership . There is no procedure to follow to be in a cohabitation, it is a fact.

Legal Reality: Freedom Comes at a Price

Common-law marriage is aptly named: it offers maximum freedom. But this freedom comes with an almost total lack of legal protection for the partners.

Heritage: Every Man for Himself

The principle is that of the strictest separation of property .

• Each partner remains the owner of the goods they purchase , even if the other uses them.

• If you buy a major asset together (a car, real estate), you are in joint ownership . This means that you own the property up to the amount of your respective contributions (50/50, 60/40, etc.). It is crucial to clearly state this in the purchase agreement.

Debts: No Solidarity

Unlike married couples, there is no joint liability for debts . Each partner is responsible for their own debts, except for everyday expenses (rent, food, etc.).

Separation: Total Freedom

There is no procedure . The separation is free and does not entitle the partner with a lower income to any financial compensation (compensatory allowance).

In the Event of Death: The Cohabitant is a Foreigner

This is the most critical point. The surviving cohabitant has absolutely no rights to their partner's estate . They are considered a foreigner by law.

• Without a will, he inherits nothing. Everything is inherited by the deceased's children or family.

• Even with a will, inheritance tax is extremely high ( 60% after a small allowance), because there is no recognized family relationship.

The "Certificate of Cohabitation", a Document of Limited Use

Some town halls can issue you with a certificate of cohabitation . Please note that this document does not create any rights. It is only used to prove that you are living together for certain administrative procedures (social security, family benefits, etc.).

Conclusion: Freedom of Conscience

Living together is a respectable choice that prioritizes the freedom and autonomy of each partner. However, it is essential to understand that it offers no mutual protection .

This is a perfect status for those who wish to maintain their independence, but which requires anticipating hard knocks (particularly by drawing up a will ) if you wish to protect your partner.

Now that you have a better understanding of this status, discover the alternatives that offer more protection in our complete guide "PACS vs Marriage" .