Protection of Rights in De Facto Partnerships

Contemporary society has witnessed a rapid evolution of the concept of family, with an ever-increasing number of couples choosing to share a common life project without being bound by marriage. This choice, while legitimate and widespread, entails a series of legal implications that cannot be ignored, especially when it comes to protecting one's financial and personal interests. Many people, in fact, mistakenly tend to believe that prolonged cohabitation automatically generates the same rights as marriage, but the Italian legal reality is quite different and requires careful planning. As an expert lawyer in family law in Milan, Avv. Marco Bianucci guides clients in understanding these dynamics, offering concrete legal tools to protect the union and individual partners.

The Regulatory Framework: The Cirinnà Law and the Rights of Cohabitants

In Italy, the matter was organically reformed by Law no. 76/2016, known as the Cirinnà Law, which introduced specific regulations for de facto cohabitations. The law recognizes the status of de facto cohabitants to two adults stably united by affective bonds of partnership and mutual moral and material assistance, not bound by kinship, affinity or adoption, by marriage or by a civil union. Although this legislation has introduced important rights, such as the possibility of hospital visits, access to the partner's personal information in case of illness, and some protections regarding the family home, substantial differences remain compared to marriage, particularly concerning inheritance rights and the automatic matrimonial property regime. This is where the intervention of a competent professional becomes fundamental to fill legislative gaps through private agreements.

The Approach of the Bianucci Law Firm to Cohabitation Agreements

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on conflict prevention through the drafting of accurate cohabitation agreements. This legal instrument allows the couple to regulate the financial aspects related to their life together. The Bianucci Law Firm does not limit itself to providing standardized templates but thoroughly analyzes the specific situation of the cohabitants: from property ownership to the management of daily expenses, up to the provision of protections in case of the termination of cohabitation. The goal is to build a clear and shared framework of interests, which can ensure peace of mind for the couple and prevent long and painful legal disputes in the future. The consultation also extends to estate planning, which is essential as a cohabitant is not an heir by law and needs to be protected through a will.

Frequently Asked Questions

Does a cohabitant have inheritance rights in case of the partner's death?

No, Italian law does not provide for de facto cohabitants to be among the legal heirs. This means that, in the absence of a will, the surviving partner is not entitled to any share of the deceased's estate, which will go entirely to their relatives. To ensure inheritance protection for one's partner, it is essential to draw up a will, always respecting the reserved shares due to any children or other legal heirs.

What is the purpose of entering into a cohabitation agreement?

A cohabitation agreement serves to regulate the financial aspects of a couple's life. Through this agreement, the parties can decide how to contribute to the needs of common life, choose the community property regime, and define the allocation of the family home in case of separation. It is a fundamental tool for clarifying economic relationships and protecting one's assets, avoiding uncertainties in the event of separation.

How is a de facto cohabitation formalized in Milan?

To formalize the status of de facto cohabitants and access the rights provided by law, it is necessary to make a declaration at the registry office of the municipality of residence. In Milan, the two partners must declare that they cohabit at the same address and are bound by affective ties. This registration is the necessary prerequisite for subsequently entering into a cohabitation agreement that is enforceable against third parties.

What happens to a rented house if the cohabitant who is the holder of the contract dies?

The law provides specific protection in this case. If the cohabitant who is the holder of the lease agreement passes away, the surviving partner has the right to succeed them in the contract until its natural expiration. This ensures housing continuity and prevents the partner from suddenly being left without a roof over their head at an already dramatic time.

Request a Personalized Legal Consultation

If you are living in a de facto cohabitation or are planning to start one, protecting your future and that of your partner is an act of responsibility. Avv. Marco Bianucci is available to analyze your specific situation and draft tailor-made agreements that reflect your wishes. Contact Avv. Marco Bianucci at the Milan office to schedule an appointment and discuss the best legal protection strategies together.