Cohabitation agreement between partners (Romania)

Published byDocMuse

The written agreement between two partners in Romania who live together without being married: the legal title to the home, how costs are shared, what belongs to each, how things bought together are divided, and how long they have to settle up after separating. Romanian law has no registered partnership, so without such an agreement none of this is written down anywhere.

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Common questions

Does living together have legal effects in Romania?

Very few. Romanian law does not recognise registered partnerships, and partners who have not married have no matrimonial property regime, do not inherit from each other and have no right in law to the other's home. A written agreement sets down what belongs to whom and how costs are shared — things no law decides for them when they separate.

What happens to things partners buy together?

They are co-owned, in the shares each paid; if nothing else can be proved, the shares are presumed equal (art. 634 of the Civil Code). The agreement fixes those rules and how long there is to settle up after separating. Property bought together is acquired by notarial deed and entered in the land book in both names.

Can the agreement decide where the children will live after a separation?

No. Parental authority, the child's home and maintenance cannot be settled in advance by a contract between partners: the parents agree on them at the time of separation or, if they cannot, a court decides in the child's best interests.