Ministero della Giustizia

Last updated on 27 March 2020 by the Ministry of Justice

LIVING IN A COUPLE WITH DIFFERENT NATIONALITIES: RIGHTS OF PARTNERS LIVING TOGETHER

Rules governing de facto cohabitation in Italy

Cohabitants “in fact” are two adults bound by a stable link of affection and mutual moral and material assistance, but who are not relatives by blood, affinity or adoption and are not married or in a civil partnership. The existence of stable cohabitation is established by the civil record declaration made under the Regulation on the resident population register (Law No 76 of 2016, Article 1, paragraphs 36 to 65).

Causes preventing a living together arrangement

The cohabitation agreement is declared irremediably void - on the request of any interested party - where it was entered into: a) in the presence of marriage, civil partnership or another cohabitation agreement; b) in violation of paragraph 36, i.e. if the parties are not bound by a stable link of affection and mutual moral and material assistance, or are relatives by blood, affinity or adoption, married or in a civil partnership; c) by a minor; d) by a person lacking capacity; e) by a person convicted of the murder or attempted murder of the other person’s spouse.

What are the effects of a living together arrangement?

Equal treatment with a spouse

• Partners living together have the same rights as the spouse in the cases provided for by prison law;
• In the event of illness or admission to hospital, cohabitants have the same rights of mutual visit, assistance and access to personal information as spouses and family members, applicable in public, private or contracted hospitals or healthcare facilities;
• if the cohabiting partner dies because of an offence committed by a third party, the surviving partner has the same rights to claim compensation for loss or damage as a surviving spouse.

Appointment for specific acts

• Each de facto partner may designate the other as his/her representative with full or limited powers:
  1. in the event of illness leading to mental incapacity, for healthcare decisions;
  2. in the event of death, with regard to organ donation, treatment of the body and funeral arrangements.

• The cohabiting partner may be appointed guardian, trustee or administrator of the other party.

Right to live in the common home

• In the event of the death of the owner of the common home, the surviving cohabiting partner can continue to live there for two years or for a period equivalent to the cohabitation, but in any case not beyond five years. If the surviving cohabitant has minor or disabled children born out of the relationship with the deceased partner, the surviving partner has the right to live in the common house for at least three years.
• If one of the partners holds the common house under a lease and dies or withdraws from the lease, the cohabitant may succeed him/her in the contract.
• The de facto cohabitant is entitled to points in the ranking lists for the allocation of social housing.

Economic rights

• participation in the profits of the family enterprise and the assets acquired with them, as well as in the growth of the business, including goodwill, commensurate with the work performed. The right to a share of the profits does not apply where the cohabitants have a business partnership or an employment relationship.

Property regime of de facto cohabitants

There is no statutory property regime for de facto cohabitants.

However, the law provides that de facto cohabitants may regulate their property relationships by means of a cohabitation agreement, through an authentic instrument or a private deed with signature certified by a notary or an attorney certifying that the agreement complies with mandatory rules and the public order.

To ensure that the agreement is effective against third parties, the notary or attorney must transmit a copy to the civil registry of the municipality of residence of the partners within ten days.

In their agreement, the partners may choose the statutory community of property. The regime chosen may be changed at any time by entering into a new cohabitation agreement.

When is de facto cohabitation dissolved?

The cohabitation agreement can be terminated by:

1. agreement between the parties;
2. unilateral termination;
3. marriage or civil partnership between the cohabitants or between one cohabitant and another person;
4. death of one of the partners.

Termination of the cohabitation contract by agreement between the parties or unilateral termination must be drawn up in the same form as the cohabitation contract (l), i.e. through an authentic instrument or a private deed with signature certified by a notary or an attorney certifying that the agreement complies with mandatory rules and the public order.

If the cohabitation agreement provides for the community of property regime, its termination will lead to the dissolution of the community of property. In this case, the relevant provisions of the Civil Code will apply, mutatis mutandis, (Fact sheet 4 - Matrimonial property relationships — dissolution of the community of property), without prejudice to the competence of the notary for the transfer of any rights in rem in immovable property arising from the cohabitation agreement.

Relevant legislation

Law No 76 of 2016 - Rules on same-sex civil partnerships and on cohabitation: Article 1, paragraphs 36 to 65.

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