Partnerships and cohabitation

Living together creates no rights in most legal systems. What has not been written down does not exist.

Illustration: Partnerships and cohabitation

Three tiers between marriage and simply living together

A civil or registered partnership is a formal status carrying most of the effects of marriage: maintenance, a property regime, inheritance, and dissolution only through a procedure. A lighter registration confers individual rights — housing, next-of-kin status, some social entitlements — without the full bond. And unregistered cohabitation creates, in most countries, no mutual claims whatsoever.

The most widespread misconception

The belief that after some years of living together a marriage-like status arises automatically is simply wrong in most systems. A minority do attach consequences to cohabitation after a qualifying period, mainly around the home and financial adjustment — but that is the exception. The general rule is blunt: no agreement, no claim, however long the relationship lasted.

What an agreement can and cannot do

A cohabitation agreement can record who owns what, who pays for what and how things will be divided on separation. It generally cannot create inheritance rights and cannot create pension entitlements. For death you need a will as well — and it has to take account of any forced-heirship rules, which in many countries tie up a large part of the estate regardless of what the will says.

Protection in an emergency

Without formal status, a partner may be unable to make decisions or even obtain information if the other is seriously ill. A power of attorney and an advance directive close that gap and are usually inexpensive to put in place. The same is true of the tenancy: whose name is on it determines who can stay in the home after a separation or a death.

Three documents that change everything

An agreement for property during life, a will for death, and a power of attorney for incapacity. Together they cost little and replace almost everything unmarried couples are missing by default.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

European framework

European Union

The twin of the matrimonial property regulation designates the law governing the property consequences of a registered partnership and organises recognition of decisions.

Britain and Ireland

United Kingdom

Civil partnerships for all couples since 2019, but cohabitants have almost no automatic rights in England and Wales.

Ireland

Civil partnership closed to new couples since 2015, but a statutory redress scheme protects qualifying cohabitants.

North America

United States

No national cohabitation regime: a few states still recognise common-law marriage, and domestic partnership survives locally.

Canada

Common-law status is recognised across Canada, but what it gives you depends enormously on the province.

Australia and New Zealand

Australia

De facto couples are treated almost exactly like married couples for property and maintenance after two years.

New Zealand

De facto relationships of three years attract equal sharing of relationship property — the most far-reaching regime in the common law world.

South Asia

India

Live-in relationships are legally recognised by the courts, protected under domestic violence law, and now registrable in one state.

Pakistan

No registered partnership and no cohabitation regime: written agreements and wills are the only protection.

South-East and East Asia

Singapore

No registered partnership and no cohabitation regime: written agreements and wills are the only protection.

Malaysia

No registered partnership and no cohabitation regime: written agreements and wills are the only protection.

Philippines

No civil partnership, but the Family Code gives cohabiting couples co-ownership of property acquired together.

Hong Kong

No registered partnership and no cohabitation regime: written agreements and wills are the only protection.

Africa

South Africa

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Nigeria

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Kenya

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Ghana

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Uganda

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Zambia

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

The Caribbean

Jamaica

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

Trinidad and Tobago

Cohabitation is common in practice, but rights depend on statute or on proving contribution — and vary sharply.

This topic is also covered for French-speaking countries · German-speaking countries.

Further reading

Links to official or reference sources. They open in a new tab.

Page checked in September 2026. The instruments cited can change: if in doubt, confirm with the official source given.

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