The Ministry of Justice revealed the details of the cohabitation agreement: how to protect your property without marriage.

The Ministry of Justice on the cohabitation agreement

The Ministry of Justice has revealed the details of concluding a cohabitation agreement to protect rights and property.

According to Article 74 of the Family Code of Ukraine, if a man and a woman live together but are not married, the property acquired during cohabitation belongs to them as joint property, unless otherwise provided for by a written agreement.

Additionally, the property that is an object of joint ownership is subject to the provisions of Chapter 8 of the Family Code, which regulate issues of joint property of spouses.

However, in the event of a breakup, it is difficult to prove that specific property is joint ownership. If the parties are unable to agree on the division of jointly acquired property, this issue is resolved through the court.

To avoid conflicts and ensure the protection of the rights of both parties, it is recommended to conclude a cohabitation agreement. This is an important tool for regulating relations between people who live together but are not spouses.

The agreement may specify:

• The start date of cohabitation.
• Information about the legal regime of property acquired during cohabitation.
• The conditions for using the property that belongs to joint ownership or separately to each partner.
• The method of dividing property in case of a breakup.

The agreement can include any conditions that do not contradict the law and moral principles.

However, the agreement can only regulate property relations and does not affect personal relationships between partners and children.

The agreement must be made in writing, but notarization is not mandatory.

However, notarization has its advantages, namely:

• Assistance in drafting the agreement and clarifications on notarial actions.
• Establishing the level of civil capacity of the parties.
• Checking the content of the agreement for compliance with the law and the intentions of the parties.
• Ensuring that the parties understand the terms of the agreement and its legal consequences.

The cohabitation agreement will help ensure clarity in financial and property matters and create a solid legal basis for shared life.