Cohabiting vs married: the key legal differences
5 min read
Marriage triggers an automatic legal framework for property, inheritance and maintenance. Cohabitation usually triggers nothing — the rights you have are the ones you wrote down.
In short
- There is no "common-law marriage" in most of Europe, regardless of how long you live together.
- Cohabiting partners rarely inherit automatically without a will.
- There is normally no maintenance obligation after a cohabitation ends.
- A written agreement plus a will closes most of the gap.
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Property on separation
Married couples are subject to a statutory division of assets. Cohabiting partners are not: each keeps what they own, and joint assets are split by documented ownership shares.
This is the single largest practical difference, and the reason a cohabitation agreement matters so much.
Inheritance
A surviving spouse normally inherits a protected share by law. A surviving cohabiting partner often inherits nothing unless named in a will — even after decades together and even with shared children in some countries.
If you own a home together, a will is not optional. Without one, the deceased partner's share may pass to their family, who can require the survivor to sell.
Maintenance and pensions
Spousal maintenance after separation and pension-sharing rights generally do not apply to cohabiting partners. If one partner reduces their income to care for children, that sacrifice has no automatic financial recognition.
Couples in that situation should consider compensating through ownership shares or a documented contribution model.
What to do about it
Three documents cover most of the exposure: a cohabitation agreement, a will each, and clear records of who contributed what.
cohab helps with the first and third — the running record of assets and contributions, and a formal cohabitation agreement generated from it.
Frequently asked questions
Do we become common-law spouses after a certain number of years?
In most European countries, no. Some countries attach limited rights to long cohabitation or shared children, but they are far narrower than marriage.
Is a cohabitation agreement as strong as a marriage contract?
It is a contract between you, and generally enforceable, but it cannot create the statutory rights that only marriage or registered partnership triggers.
Inheritance and family law are national. Some countries (for example France's PACS) offer registered partnership schemes that sit between cohabitation and marriage.
This guide is general information, not legal advice. Rules differ between countries — consult a local professional for your situation.
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