8 What does the law provide for the property of registered and non-registered partners?

Cohabitation is defined as a long-term relationship, similar to the marital relationship, between two heterosexual partners who could marry if they so wished (Art. 12 of the Marriage and Family Relations Act). This means that there must not be any legal obstacles to their marriage. The property regime for cohabiting partners is equivalent to the property regime for spouses. Thus common property is formed in the same way as for married couples. Registration is not possible for heterosexual partners. As it is almost impossible to determine when a relationship becomes long-term, all assets acquired after the partners began living together shall constitute common property, in cases where there would be no obstacles to the couple marrying.

Homosexual partners can enter into a registered partnership, which has the same consequences for the partners’ property relations as marriage (Registration of a Same-Sex Civil Partnership Act).