Cohabitation agreement: what it should contain
6 min read
A cohabitation agreement is a written contract between unmarried partners that records who owns what, how shared costs are split, and what happens to the home and savings if you separate.
In short
- Unmarried partners have far fewer automatic rights than married couples in most of Europe.
- The agreement should list every significant asset and who owns which share.
- Record contributions over time — deposits, mortgage payments, renovations.
- Agree in advance how the home is valued and settled if one partner moves out.
- Keep it updated: a five-year-old agreement rarely matches your current finances.
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Why a cohabitation agreement matters
When married couples separate, national family law provides a default framework for splitting assets. Cohabiting partners usually have no such safety net. Whoever is registered as the owner is presumed to own the asset, regardless of who actually paid for it.
A cohabitation agreement replaces that guesswork with a written record you both signed while things were calm. It is the single most effective way to avoid a costly dispute later.
What should the agreement contain?
A useful agreement is specific. Vague statements like "we share everything equally" tend to collapse the moment real numbers appear.
- Full names, addresses and the date cohabitation started.
- The home: address, purchase price, ownership shares, and how the deposit was funded.
- Mortgage and loans: who is liable, and how repayments are split.
- Other significant assets: car, furniture, savings, pets, valuables.
- Running costs: rent or mortgage, insurance, utilities, food, and how they are shared.
- Contributions over time: how extra payments and renovations are credited.
- Settlement: how the property is valued and paid out if you separate.
- What happens if one partner dies, and whether a will is in place.
How to record contributions
Most disputes are not about the original purchase — they are about the years afterwards. One partner pays more of the mortgage, the other funds the kitchen renovation, and nobody keeps a record.
Decide upfront whether extra contributions adjust ownership shares or are simply treated as shared living costs. Then log them consistently. cohab is built for exactly this: every contribution is timestamped, attributed and included in the settlement calculation.
Do you need a lawyer?
For straightforward situations — two partners, one home, clear numbers — a well-drafted written agreement signed by both parties is usually enough. Complex cases (business ownership, children from previous relationships, cross-border assets) are worth reviewing with a local lawyer.
Whatever route you choose, sign and date the document, keep a copy each, and revisit it whenever your finances change materially.
Frequently asked questions
Is a cohabitation agreement legally binding?
In most European countries a written agreement between two adults about their property is binding as a contract, provided both parties entered it freely and it is not grossly unfair. Formal requirements vary by country.
When should we write one?
Ideally before you buy property together or move significant money between you. Writing one later is still far better than not having one.
Can we change it later?
Yes. Both partners simply sign an updated version. Keep the old one so the history of your arrangement is clear.
Rules for cohabiting partners differ significantly between countries. This guide is general information — check your national rules before relying on it.
This guide is general information, not legal advice. Rules differ between countries — consult a local professional for your situation.
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