Many couples prefer non-marital cohabitation to a formal, legally regulated marriage or registered partnership. Although cohabitation is sometimes referred to in laws, there is a lack of comprehensive legal regulation of this form of cohabitation. Many legal uncertainties can arise, especially with regard to the supposedly “common” assets of the life partners.

Non-marital cohabitation is referred to in some laws, but there is a lack of comprehensive legal regulation of this form of cohabitation.

 

Living together in a non-marital partnership can have legal effects in areas of tenancy law, property ownership law, inheritance law, procedural law and maintenance law.

 

Legal uncertainties can arise especially after the separation, i.e. after the dissolution of the cohabitation. The most explosive issue here is probably the issue of the division of “common” assets. As was once again evident in the recent decision of the Supreme Court of July 24, 2019 on 8 Ob 49/19t, it is advisable to make contractual regulations before larger joint projects.

 

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