Buying a home without being married is totally doable, but there are some specific steps and considerations that are helpful to know to avoid future complications. Here are some key points.
1.Property Title:
Communion or separation of assets: Decide how you intend to register the property. It can be co-owned (each owns a share) or registered in the name of only one of the partners.
Deed of Sale: During the signing of the deed, it is important to precisely define the registration methods
of the property.
2. Mortgage Request:
If you need a mortgage, know that banks may require additional guarantees compared to those required from spouses. Evaluate together the options and interest rates offered by different financial institutions.
3. Cohabitation Agreement:
Even if you are not married, you can stipulate a cohabitation contract that regulates property aspects and mutual rights and obligations. This contract may include agreements on the division of expenses and ownership of assets.
Important Considerations
Asset protection: drawing up a cohabitation contract means being able to regulate asset management and prevent any disputes in the event of separation.
Inheritance Rights: In the event of the death of one of the partners, the surviving partner has limited rights compared to the spouses. You may consider drawing up a will to protect your surviving partner.
Expenses and Contributions: It is important to clearly define how the expenses relating to the house will be divided, both for the purchase and for future maintenance.
Practical Advice
Legal consultancy: It is always best to contact a lawyer or notary to obtain specific legal advice on your situation and to draft the necessary contracts.
Search for Offers: Compare various mortgage offers and choose the one that best suits your needs.
Periodic Updates: Review and update your property agreements periodically to reflect any changes in your circumstances
What are the legal rights of domestic partners when purchasing a home?
Property Title:
Cohabitants can register the property in the name of only one of the partners or in co-ownership, specifying the share of each cohabitant. This must be clearly defined in the sales deed.
Cohabitation Contract:
To regulate the financial aspects of their relationship, cohabitants can stipulate a cohabitation contract, which includes agreements on the division of expenses, ownership of goods purchased during cohabitation and management of joint finances.
Mutual:
When applying for a mortgage, cohabitants may have to provide additional collateral than spouses. Banks evaluate the financial solidity of both partners, and the mortgage can be made out to one or both partners.
Taking over the Rental Contract:
In the event of the death of one of the cohabitants, the surviving partner has the right to take over the rental contract of the common home, guaranteeing continuity of living.
Asset Protection:
The Cirinnà law allows cohabitants to establish mutual property rights, including the distribution of assets in the event of separation and the protection of the rights of the surviving partner.
Will:
It is advisable to draw up a will to ensure that the surviving partner receives a share of the inheritance, as, in the absence of marriage, cohabitants do not automatically have inheritance rights.
What are the differences between the rights of cohabitants and spouses?
1. Legal Status
Spouses: Marriage gives spouses a recognized legal status with a number of specific rights and duties.
Cohabitants: cohabitants can obtain legal recognition by submitting a self-certification to the registry office, but the rights are more limited than spouses.
2. Property Rights
Spouses: they can opt for the community of property regime, where all property acquired during the marriage belongs to both, or for the separation of property. Cohabitants: they can regulate their financial relationships through a cohabitation contract, which must be drawn up by a notary or a lawyer.
3. Succession
Spouses: have legal inheritance rights. In the event of the death of one spouse, the other is entitled to a share of the inheritance.
Cohabitants: do not have automatic inheritance rights. To protect your surviving partner, you need to draw up a will.
4. Health and Personal Care
Spouses: have mutual visitation and assistance rights in the event of illness or hospitalization.
Cohabitants: Cohabitants also have the right to visit and assistance, but these must be specified in the cohabitation contract.
5. Legal Representation
Spouses: Can automatically represent each other in legal and medical decisions.
Cohabitants: must appoint the partner as legal representative through a cohabitation contract.
6. Takeover of the Rental Contract
Spouses: can automatically take over the tenancy agreement in the event of the partner's death.
Cohabitants: they have the right to take over the rental contract, but must demonstrate cohabitation and the relationship
affective.
7. Social contributions and protections
Spouses: can benefit from family contributions and specific social protections provided for families.
Cohabitants: have access to limited contributions and protections compared to spouses.