Lease Terms for Cohabiting Partners
Cohabitants Act (2003:376), particularly sections 16 and 22, and 12:33 JB
What does it mean?
When cohabiting partners share a rental apartment, the Cohabitants Act (2003:376) affects how the rental right is distributed in a potential separation. Under the Cohabitants Act, the dwelling counts as joint property if acquired for shared use, meaning it must be included in the property division. The partner with the greatest need for the dwelling may be entitled to take over the lease, regardless of who originally signed the contract.
The right to take over the lease upon separation is assessed with regard to both partners' needs. Factors considered include children in the household, financial situation, and ability to find alternative housing. If the partners cannot agree, the court decides. It is important to note that the Cohabitants Act's property division rules can be waived through a cohabitation agreement, but the right to take over upon separation cannot be fully contracted away. The landlord must approve the new tenant.
Key Points
- The Cohabitants Act affects distribution of the rental right upon separation
- The partner with the greatest need can take over the contract regardless of who signed it
- Children in the household carry significant weight in the assessment
- Cohabitation agreements can affect property division but not fully eliminate takeover rights
- Landlord must approve the takeover of the contract
Practical Tip
If you move in with a partner, openly discuss what happens to the dwelling in case of separation. Consider being listed as a joint tenant on the contract to strengthen your position. A cohabitation agreement can clarify ownership but does not replace an agreement about the dwelling.
Legal Basis: Cohabitants Act (2003:376), particularly sections 16 and 22, and 12:33 JB