Co Habitation Agreement for Germany

Co Habitation Agreement Template for Germany

A comprehensive legal document governed by German law that establishes the rights, responsibilities, and obligations between two individuals who choose to live together without being married. The agreement addresses various aspects including property ownership, financial contributions, living arrangements, and potential separation procedures, all within the framework of German civil law (Bürgerliches Gesetzbuch - BGB). It provides legal clarity and protection for both parties while respecting the limitations of unmarried partnership rights under German jurisdiction.

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What is a Co Habitation Agreement?

A Co Habitation Agreement serves as a crucial legal framework for unmarried couples living together in Germany. This document becomes particularly important given that German law does not automatically provide the same legal protections to cohabiting couples as it does to married couples. The agreement should be used when two individuals decide to share a household and want to clearly define their rights and responsibilities regarding property, finances, and daily living arrangements. It typically includes provisions for expense sharing, property ownership, separation procedures, and other practical aspects of cohabitation. While not mandatory under German law, having a Co Habitation Agreement provides important legal certainty and can prevent future disputes by establishing clear terms at the outset of cohabitation.

What sections should be included in a Co Habitation Agreement?

1. Parties: Identification and details of the cohabiting partners

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Duration and Commencement: Start date and intended duration of the cohabitation arrangement

5. Living Arrangements: Details of shared residence and living arrangements

6. Financial Contributions: Agreement on sharing of household expenses, utilities, and other regular costs

7. Property Rights: Ownership and rights regarding individual and jointly acquired property

8. Bank Accounts: Arrangements for joint and individual bank accounts

9. Debts and Liabilities: Treatment of individual and joint debts

10. Dispute Resolution: Process for resolving disagreements

11. Termination: Circumstances and process for ending the cohabitation agreement

12. Governing Law: Confirmation of German law as governing law and jurisdiction

What sections are optional to include in a Co Habitation Agreement?

1. Children: Arrangements regarding children from previous relationships or future children - include when either party has or plans to have children

2. Pets: Arrangements for pet ownership and care - include when the parties have or plan to have pets

3. Business Interests: Protection of business assets and income - include when either party owns a business

4. Insurance: Agreements regarding life, health, or property insurance - include when parties wish to specify insurance arrangements

5. Power of Attorney: Mutual powers in case of incapacity - include when parties wish to grant each other decision-making authority

6. Inheritance Rights: Provisions regarding inheritance and wills - include when parties wish to address inheritance matters

7. Vehicle Ownership: Arrangements for shared vehicles - include when parties share or plan to share vehicles

8. Intellectual Property: Rights to intellectual property created during cohabitation - include for creative professionals or academics

9. Social Media and Privacy: Guidelines for social media posts and privacy - include for public figures or privacy-conscious individuals

What schedules should be included in a Co Habitation Agreement?

1. Schedule 1: Property Inventory: Detailed list of individual property owned by each party prior to cohabitation

2. Schedule 2: Financial Statement: Current financial position of each party including assets and liabilities

3. Schedule 3: Household Budget: Agreed monthly budget and division of expenses

4. Schedule 4: Contact Details: Contact information for both parties and their emergency contacts

5. Appendix A: Property Documents: Copies of property ownership documents or rental agreements

6. Appendix B: Financial Accounts: Details of joint accounts and payment arrangements

7. Appendix C: Insurance Policies: Copies or details of relevant insurance policies

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
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Relevant Roles

Legal Counsel

Family Lawyer

Real Estate Agent

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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