Cohabitation agreement lawyer

A cohabitation agreement is a written contract between partners who live together but are not married (and not in a civil partnership where applicable). It sets out day-to-day rules (who pays what, how joint accounts work, whether gifts/loans are reimbursed), ownership (the home, savings, investments, business shares, furniture, pets), responsibilities (debts, insurance, taxes), and exit terms (what happens if you split, one partner buys the other out, or the property is sold). It often addresses what happens on illness or death (signposting separate wills, life insurance or beneficiary designations).

Think of it as a “living together manual” + safety net. It reduces misunderstandings, prevents “he said, she said,” and provides the court with a clear record of what you both agreed.

No!

Small disputes become big, expensive disputes without clarity.

Typical flashpoints include:

– the person who put down more of the deposit for the flat;

– a partner who took time out for childcare;

– a joint renovation paid from one person’s savings;

– a car bought “together” but registered in one name;

– a pet both consider “theirs.”

A short breakup can cost more than a thorough agreement.

Trust isn’t the issue—ambiguity is. People remember conversations differently, circumstances evolve, and the law fills gaps in ways you might not expect.

A cohabitation agreement lawyer will:

• Ask the awkward questions now so there’s less dispute later.
• Make sure the document is valid and enforceable (format, signatures, disclosures, advice).
• Build cross-border resilience (right governing law/venue clauses, translations, apostille/notarisation if needed).
• Flag tax, inheritance, immigration and benefits interactions so you aren’t blindsided.

France recognises concubinage (informal cohabitation) but it doesn’t give partners the same default rights as marriage.

There’s also PACS (civil partnership), which gives some rights (not identical to marriage), especially for taxation and administrative matters. If you’re just cohabiting (no PACS, no marriage), French default rules largely leave you where the documents leave you (title to property, bank accounts, receipts).

That’s why private contracts—like a cohabitation agreement, a properly structured indivision (co-ownership) deed for real estate, and separate wills—are essential. Without a will, French forced-heirship rules protect children and can exclude the surviving cohabitant from inheriting, unless steps were taken.

The phrase “common law marriage” misleads many couples. In most common law jurisdictions, living together does not create marital rights.

Some places let cohabiting couples make claims based on equity (e.g., constructive trust, unjust enrichment) or specific statutes—but outcomes are uncertain and fact-heavy.

Judges look at contributions, intentions, and documentation; they don’t simply apply a neat formula. That uncertainty is expensive. A signed, fair, well-drafted cohabitation agreement avoids years of litigation about “who meant what.”

• Property you already own (who owns what; any refund if joint funds improved one person’s asset).
• The home (who’s on title/lease, deposit shares, mortgage/repairs, buyout mechanics, sale triggers, valuation process).
• Money mechanics (separate vs joint accounts, savings targets, investments, pensions, “gifts vs loans” clarity).
• Debts (who is responsible for existing and future liabilities; indemnities if one partner pays for the other).
• Children (decision-making, schedules, expenses categories and split; always subject to best-interests law).
• Life events (moving abroad, buying a new property, starting a business).
• Exit plan (timelines for buyout/sale, interim occupancy, valuation method, mediation/arbitration before court).
• Illness/death (encourage wills, powers of attorney, life insurance beneficiaries aligned with your goals).
• Governing law & forum (crucial for expats; choose a default and state how cross-border issues are handled).

Fairness starts with full disclosure, time to reflect (no pressure), and separate advice.

Many agreements include review clauses (on birth of a child, big windfalls, moves abroad) so the deal stays reasonable as life evolves.

Your lawyer will steer away from clauses likely to be struck out (e.g., anything impacting parental responsibility contrary to a child’s best interests).

Actually, couples often feel relieved. Agreeing on money and expectations reduces anxiety. Done right, this is a relationship-strengthening exercise—transparent, adult, mutually protective.

Start with clarity. We’ll draft a practical, fair cohabitation agreement that fits French requirements and anticipates common-law enforcement. Book your appointment to protect both of you—today and across borders.

Under French law there are 2 different types of contracts, one legally binding, one not legally binding.

• Concubinage (simple cohabitation) – no automatic legal rights.
• PACS (civil partnership) – provides some rights similar to marriage (tax benefits, property rights, inheritance with limitations).
  For couples who do not marry or enter a PACS, a private cohabitation agreement is the only way to secure protections.

Many people mistakenly believe in “common law marriage.” In most common law countries, simply living together does not create marital rights.

Some jurisdictions allow claims under “constructive trusts” or “equitable remedies,” but outcomes are unpredictable and vary case by case.

• In France, property is divided according to ownership titles. If you want joint ownership, it must be clearly stated in a deed or contract.
• In common law countries, courts may intervene to prevent “unjust enrichment” — but litigation is often complex, costly, and uncertain.

• In France, concubins have no automatic inheritance rights. Only marriage or PACS gives limited rights. Without a will, the surviving partner may receive nothing.
• In common law countries, inheritance rights depend on state or provincial law. In some, cohabitants may claim as dependents, but in others, they have no rights at all.

An Anglo-French couple, for example, may face drastically different outcomes depending on which law applies.

A French lawyer can help ensure the agreement respects French civil law, while also being adaptable to common law enforcement abroad.

If you are an expat couple, protect yourself against legal gaps between countries.  Contact our international family law team today to draft a cohabitation agreement valid in France and recognised internationally.

You can set preferred schedules and cost-sharing, but judges must follow the child’s best interests. Your plan is persuasive, not binding, and should be flexible. Include a review process and mediation in case of disagreement.

Yes.

A cohabitation agreement doesn’t replace a will. In France, forced-heirship can block gifts that infringe children’s reserved shares; in common-law countries, you have broader freedom but must still write a will (and align beneficiary forms). Your lawyer will coordinate both.

Every two years or on major events: new child, property purchase/sale, big salary change, inheritance, move abroad, starting a business, health changes. Include a review clause so updates are expected, not awkward.

Less than a dispute. Fees depend on complexity (assets, cross-border needs, parallel deeds/wills), but we use clear fixed-fee or staged pricing. The agreement typically pays for itself the first time it prevents an argument.

Potentially.

The agreement can evidence separate finances or clarify transfers as loans vs gifts—which matters for tax. Visa/benefits rules may consider shared finances. Your lawyer will loop in tax/immigration specialists so the document helps, not harms.

Almost always for cohabitants: it’s faster, private, and less adversarial. Put a tiered clause in your agreement (negotiate → mediate → arbitrate → court only if needed). You’ll save time, money, and goodwill.

Yes!

Your cohabitation agreement covers the current phase. If you later marry or enter a PACS/civil partnership, we can convert or complement it with a prenup/matrimonial property agreement so your planning stays coherent.

Not at all.

You can still sign a cohabitation agreement and, where required, add a declaration of trust/indivision deed reflecting fair shares and exit mechanics.

Absolutely.

Think of a cohabitation agreement as an insurance policy: you hope you’ll never need it, but if you do, it can save you from years of stress and financial loss.