How does a cohabitation contract work?

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A cohabitation contract can be seen as an agreement between two cohabitants. When drawing up a cohabitation contract, the cohabitation between two partners is made official. Although this document is important for obtaining a mortgage loan or partner pension, the termination of a cohabitation contract is in part very non-binding. One dissolve cohabitation contract can be performed completely independently and is therefore the fastest form of separation.

Is there a difference between a registered partnership and a cohabitation contract?

A big difference between a housing association contract and registered partnership is that a housing association contract has not been officially registered by the municipality. The most official form of a cohabitation contract is the notarial document that is drawn up. Personal property and debt therefore remain personal. No joint ownership is built. Therefore, there is no automatic inheritance and there will be no division when a housing association contract is terminated because the parties involved have terminated their relationship.

A cohabitation contract has no effect on custody. Contrary to what is the case with a registered partnership (and of course a marriage), only the mother is automatically granted custody of any children. The father must officially recognize the child in order to obtain paternity, after which the parents must register joint custody. In many situations, this is especially important when a cohabitation contract is terminated.

How is a cohabitation contract dissolved?

When terminating a housing association contract, it is not necessary to go to court. The steps involved are very easy to perform yourself. In short, the facts and the steps taken by the couple as a result are sufficient evidence that the relationship and thus the cohabitation contract has ended. In order to rule out any misunderstandings in this regard and to make the dissolution of the housing association contract watertight, it is advisable to inform the notary in writing of this step so that it can be included in the case.

In addition, it is a sensible step if the parties involved send each other a registered letter stating that the contract has been terminated. These documents must, of course, be signed and have a date of entry into force to remove any ambiguities.

Termination of cohabitation contract with children in play

If children have come out of the relationship, the dissolution of the cohabitation contract is a different story. In this case, more needs to be done than just taking the relatively simple steps described above. In the case of a cohabitation contract with children playing, there will also be one parent plan must be prepared, and it may be that it is a child support. Although there is not always an official assignment of the offspring, there is a duty of care for both parents, so also for the father.

As a cohabitation contract, as stated, is structured differently from a registered partnership, spousal support is not required by law when it is dissolved. However, it can be a choice about which joint decision can be made with the help of a mediator.

Are there other consequences of terminating a housing association contract?

Other important issues that may need to be considered when a housing association contract is terminated are the allocation and any pension rights. The latter may, as suggested, have been one of the reasons for one cohabitation contract to close.

In addition, it is of course possible that the partners have jointly taken out a mortgage loan. As in the case of a divorce, it will have to be checked whether one of the partners will continue to live in the home, with or without children. In that case, the house must be assessed, after which a new mortgage is taken out and the departing cohabitant is bought out. If this does not happen for some reason, the house will be sold and any proceeds or outstanding debt will be shared between the couple.

Judex’s experts can help you impartially with the entire settlement or a specific part of the dissolution of a housing association contract. Judex brings your law and your expert together.

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