Cohabitation partnership (Register of Declarations of Cohabitation)

The Register of Cohabitation Declarations (hereinafter referred to as the ‘Cohabitation Register’) provides proof of the cohabitation of partners whose joint declaration on the existence of cohabitation is recorded in the Cohabitation Register. Therefore, the Cohabitation Register facilitates the provision of proof of cohabitation.

Kulcsszavak: cohabitant, cohabitation, notary public, Register of Declarations of Cohabitation

Pursuant to the Civil Code, a cohabitation relationship may exist between two persons who are living, without concluding a marriage, in the same household, in emotional and economic community. Cohabitation may only exist with one person at a time, with its existence being conditional on neither cohabitant being in a marital union, registered partnership or cohabiting union with another person. Cohabitation may not exist between lineal relatives or siblings.

 

Two adults not lacking capacity to act may jointly make a declaration on the existence of their cohabitation and apply for the entry of their cohabitation in the Cohabitation Register before a notary public.

 

After recording the declarations, the notary public enters them in the Cohabitation Register.

 

If the cohabitation is later dissolved, it is sufficient for one of the parties to make a declaration before a notary public who, on the basis of a unilateral request, arranges for the entry of the declaration stating the dissolution of cohabitation in the Cohabitation Register.

 

Declarations on cohabitation may only be made in person before a notary public.

 

Therefore, the Cohabitation Register facilitates the provision of proof of cohabitation. For this purpose, it contains the declaration made jointly by two adults not lacking capacity to act before a notary public on them living together as a cohabiting couple in accordance with the provisions of the Civil Code. In addition, the register also includes, as a minimum, either party’s declaration stating that he/she is no longer cohabiting with the person previously jointly registered with him/her.

Entry in the Cohabitation Register is not a condition for the existence of cohabitation; however, it facilitates the provision of proof thereof. If the cohabitants do not apply for the entry in the Cohabitation Register, they have other options to provide proof of the existence of their cohabitation.

Identity documents (identity card, driving licence or passport) and residence card of the declarants.

HUF 7 500 fee and HUF 7 500 flat-rate cost.

Notary public. If they want to jointly submit an application, the notary public having territorial competence according to the place of domicile or residence of either of them can proceed.

Hungarian Chamber of Civil Law Notaries

Cohabitation is a factual situation; the legislator attaches legal consequences to the existence of an actual relationship and not to a relationship established before an authority.

With regard to the regulation of cohabitation, legal provisions are laid down in both the Book of Obligations and the Book of Family Law of the Civil Code.

The property consequences of cohabitation are as follows:

The law foresees a community of accrued gains as the property regime between cohabiting couples, i.e. the parties, unlike spouses, are beneficiaries in their own right and may mutually assert claims to accrued gains against each other upon the dissolution of their union.

By way of derogation from the law, cohabitants may arrange their property relations or the occupation of shared housing in a contract for the duration of their living together as a cohabiting couple.

 

A cohabiting relationship may have family law effects if the relationship has existed for at least one year and the cohabitants have had children together.

Such family law consequences include:

 

Date of the case description: 27/05/2020

 

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