The cohabitation agreement

Paragraph 50 of the Law No. 76/2016 ( ” Cirinnà Law “) provides that the partners in fact can ” regulate relations  capital relative to their life together by signing  a cohabitation agreement “.

As discussed in the previous article on ” coexistence in fact ” give the requirements necessary for the establishment of a partnership legally recognized are:

• one stable emotional bond torque and mutual moral and material assistance  between two persons;
• the absence of a family relationship, affinity or adoption, marriage or civil union.

The agreement, then, is not a  sine qua non  of the validity of coexistence, but an opportunity given to the couple to regulate all those property aspects related to the daily report.

The content

The financial relations expressly provided for in paragraph 53 of the Act are:

• the regime of community of property, which can be changed at any time in the course of living together (as in marriage);
• how contributions to the common expenses and obligations for participation activity domestic and non – domestic;
• the award criteria of ownership of property acquired during the cohabitation;
• the designation of the partners as their representative, with full or limited powers, in decisions relating to health (in case of incapacity of discernment) or death (for the donation of organs, the body’s processing mode and funeral celebrations);
• the d ‘mode use of the dwelling indicated as a common residence (regardless of the fact that the properties of the same is of only one or both of the cohabiting or both for rent);
• the definition of the mutual property relations, in the case of the coexistence cessation , in order to avoid discussions and postume claims.

The law, however, gives life partners the right to regulate every aspect contractually balance of their relationship as a couple, implicitly excluding all other cases having no economic character.

The validity requirements

For the purposes of the validity of the contract, certain preconditions must be met:

1. each party must state the ‘ address to which will be sent communications concerning the relations governed therein;
2. the agreement can not be subjected to terms  or conditions – which, otherwise, shall be understood as not affixed (paragraph 56).
3. the store  can not be concluded (paragraph 57):
   • in the presence of a double bond of a civil union or another cohabitation agreement;
   • in the absence of the main requirements for the establishment of coexistence in fact (stable emotional bond of torque and mutual moral and material assistance; no relation);
   • from child or adolescent;
   • from person judicially forbidden: if proceedings, the effects of the contract remain suspended;
   • if convicted for the crime of murder or attempted consumed the other spouse living (however, in the presence of a protective order or a trial, the effects of the contract remain suspended until a judgment of acquittal).

In the cases mentioned in section 3), anyone interested can take legal action in order to be declared the nullity of the contract.

The shape and becomes effective against third parties

In addition to the assumptions above, the purpose of the validity of the constitution, modification and termination of the cohabitation agreement, it is necessary that it be drawn up in  writing , under penalty of nullity, with
public deed or private deed  authenticated by a notary or by a lawyer, to attest to their compliance with mandatory rules and to ‘ public order (paragraph 51).

Also, that the contract is enforceable against third parties (who wish to claim the rights to property aspects therein), it is appropriate that the notary or lawyer transmit a copy of the act, within the
next 10 (ten)  days , the City of residence
of the partners, for registration of the same to the appropriate Population Register.

Duration

The duration of the contract is usually made to coincide by the parties with that of the coexistence relationship, with the result that the effects of the contract are subject to the aforesaid ratio permanence.

However, some elements of the agreement are intended to produce its own effects from the termination of the coexistence ratio (eg: the arrangements for the definition of reciprocal property aspects, in the event of cessation of cohabitation). In those agreements, the contract remains valid and effective only for the part of the definition of capital and the division of common property relations.

The resolution

The methods of early termination of the cohabitation agreement are four:

1. agreement of the parties ;
2. unilateral termination ;
3. marriage or civil union between the partners or between a partner
   and the other person;
4. death of one of the contractors.

The first two cases of termination, as mentioned above, must submit the same formal requirements of the cohabitation agreement (a public or private deed authenticated by a notary or a lawyer).

In case of unilateral termination , in addition, the professional who receives or that authenticates the act is obliged to notify a copy to the other partner, the address indicated in the contract.

If the family home is in the exclusive availability of the withdrawing partner, the declaration of withdrawal, under penalty of nullity, it must
contain the term not less than  90 days,  granted to the other party to leave the dwelling.

In the third case (marriage or civil union between the partners or between a partner and the other person), the contractor who contracted marriage or civil union must notify the other – as well as the professional who has received the contract – the wedding extract or civil union (paragraph 62).

Finally, in the fourth case , (the death of one of the partners), the survivor or heirs of the deceased must notify the extract of the death to the professional who has received the contract so that they can make a note of the resolution on the sidelines and notify all ‘Registry of the municipality of residence (paragraph 63).

IN SUMMARY

The cohabitation agreement is the agreement, drawn up by
public deed or private deed  authenticated by a notary or a lawyer, with which the partners in fact govern relations  asset concerning their life in common, including:

• the regime of community of property, and the d ‘mode use of the dwelling  indicated as a common residence;
• how contributions to the common expenses and obligations for participation activity domestic and non – domestic;
• the award criteria of ownership of property acquired during the cohabitation;
• the designation of the partners as their representative, with full or limited powers, in decisions relating to health  or death. Etc.

The cohabitation agreement, to be valid , must provide by law for certain void unless requirements (no terms or conditions, age of the parties, the absence of a previous bond of marriage or civil union, etc.) And its duration , usually , it is made to coincide by the parties with the permanence of the coexistence relationship.

The termination of the agreement are 4 modes:  agreement of the parties ; unilateral termination ,  marriage or civil union between the partners or between a partner and the other person; death of one of the contractors.

The law firm Lawyer Marco Coscia offers private citizens wishing to regulate the property aspects relating to their cohabitation, timely advice, as well as a comprehensive assistance for the drafting of the contract and / or the same authentication.

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