Cohabitants who live together without choosing a legally regulated system (such as legal cohabitation or marriage) will also need to arrange the division of their shared assets. However, take note: the law provides no specific rules for this situation.
Ownership of assets will be determined based on invoices or other proof of ownership that can be presented.
Legal cohabitation falls between informal relationships and marriage.
Under this status, certain aspects are legally regulated, but other matters remain outside its scope.
For example, there is no automatic right to spousal support (between the partners) in the event of a breakup. However, this can be stipulated in a cohabitation agreement.
Each legally cohabiting partner remains the owner of the assets they can prove ownership of. If no proof is provided, the assets are considered jointly owned.
Marriage establishes a fully developed legal framework, allowing the spouses to choose whether or not to create a shared estate.
If no specific choice is made, the default is the statutory regime, which centers around the community of marital gains and the formation of a shared estate. Alternatively, spouses can opt for a separation of property regime.
In the event of a divorce, the settlement and division of assets must follow the rules of the chosen marital regime, either as determined at the start of the marriage or as amended during the marriage.
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