De Facto Cohabitation

Cohabitation lawyer in Milanno marriage, but not no protection.

Living together without marrying doesn't mean having no rights, but it doesn't mean having them automatically either. We tell you what you actually have today, and what is worth putting in writing before you need it.

How we help

Three situations, three tools

The 2016 law gave cohabitation a name, not the effects of marriage: most of what you don't write down simply isn't there.

i.

«We live together and want protection in place»

The cohabitation agreement

It is the only tool that lets you decide in advance how things stand: who pays what, how expenses are shared, what happens to things bought together, what becomes of the home if you separate. It is signed before a notary or a lawyer and registered with the local authority.

Registered cohabitation does give some rights: visiting your partner in hospital, deciding for them if they cannot, taking over the tenancy if they die. But it gives almost nothing financially — no automatic inheritance, no survivor's pension, no maintenance at the end. That gap is exactly what the agreement is for.

ii.

«We've separated and the flat is his»

The home and the end of cohabitation

When it ends, the home follows title: the owner stays, the other leaves. Where there are children the criterion changes to their interests, as in separation. Someone who contributed to costs or renovation without being on the deeds can claim back what they paid, but must prove it: transfers, invoices, documents.

A partner living in the other's home has the right to stay for a period after their death, proportionate to the years lived together. It is a minimum protection, and worth knowing exists.

iii.

«We have children and we're not married»

Children born outside marriage

Here the difference from marriage no longer exists: children have exactly the same rights, and the rules on custody, maintenance and contact are identical. Only the route differs, because there is no separation to apply for.

What is needed is formal acknowledgement of the child by both parents. Where it is missing, it can be obtained through court proceedings establishing parentage. And if the relationship ends, arrangements for the children are set by the court just as for a married couple.

Not sure which of these fits your case?

Let's work it out →
How it works

Five steps, no surprises

Knowing what happens next is the first thing we take off your mind.

i.

First consultation

You tell us the situation. We listen, we ask questions, we tell you straight away what we see.

ii.

Reviewing your case

We examine documents, income, timing and room for manoeuvre. No promises we can't keep.

iii.

Strategy

We decide the route together: agreement, assisted negotiation or court.

iv.

Written quote

Before any instruction you get in writing what we'll do and what it costs.

v.

Representation

We stay with you to the end, and afterwards too, if the terms need revisiting.

Our clients
“A lawyer who knows how to listen, very professional. Extremely well prepared. She pointed us in the best direction for our situation. We recommend her without hesitation.”
Marco Bertolin, April 2026 · Google review
4.8 27 Google reviews
Frequently asked

On cohabitation and unmarried couples

General guidance only. We look at your case at the first consultation.

We've lived together for years: do I have the same rights as a wife?

No, and the gap is wide. Registered cohabitation gives rights of assistance and some protection over the home, but not automatic inheritance, not a survivor's pension, not maintenance when the relationship ends. Years spent together do not change the legal position. What can be built is a cohabitation agreement, which fills much of that gap.

What is the point of registering cohabitation with the council?

It makes the relationship exist in law. Registration brings hospital visiting rights, the ability to decide on your partner's healthcare if they cannot, succession to the tenancy on death, and certain rights over the family home. Without it, for the State you are two people living at the same address.

What can go into a cohabitation agreement?

How household and living costs are shared, who owns what, how jointly bought assets are dealt with, which property regime you choose and what happens at the end. You cannot include terms about children, nor obligations lasting beyond the relationship such as maintenance: those stay outside.

If we split up, am I entitled to maintenance?

No, there is no maintenance between cohabitants. A court can, however, award basic support to someone in genuine need, for a period proportionate to how long you lived together. It is a subsistence measure, not maintenance, and must be applied for with evidence of your financial position.

The flat is in his name: do I have to leave when we split up?

Yes, if there are no children: ownership decides. Where there are children the criterion becomes their interests, and the home can be assigned to the parent they mainly live with, even if that parent doesn't own it. If you contributed to buying or renovating it you can claim back what you paid, but you need proof of the payments.

If my partner dies, what am I entitled to?

By law you inherit nothing: you are not an heir. You have the right to stay in an owned home for a period linked to the years you lived together, and to take over the tenancy if it was rented. Everything else must be arranged by will, within the disposable share, or through other arrangements considered in advance.

Do our children have fewer rights because we aren't married?

None at all. For years the law has drawn no distinction between children born inside and outside marriage: the same inheritance rights, the same rules on custody and maintenance. What is required is that both parents have acknowledged them. Where an acknowledgement is missing, it can be obtained through the courts.

My partner is violent: what can I ask for?

A protection order, which a court can make between cohabitants too. It requires them to leave the family home, bars them from places you frequent and can include a financial contribution. It is applied for urgently and granted quickly. If there are reported incidents or medical records, bring them to the first consultation.

First consultation

Let's talk.

Tell us what's happening. We reply within 24 hours on working days and arrange a first consultation, with a clear quote before we begin.

The firm does not undertake legal aid work.