Life on a dog book: What are the legal differences between marriage and unmarried cohabitation?

What is unmarried cohabitation and how is it regulated by Czech law?

Unmarried cohabitation, also referred to as cohabitation, is a long-term de facto partnership of two persons living together in a common household without entering into a marriage or registered partnership. This type of cohabitation is common today and includes many families with children. The reasons for choosing this arrangement can vary from a desire for greater freedom, a reluctance to formalise the union, to a distrust of the institution of marriage.

The Czech legal system does not generally regulate unmarried cohabitation as a specific legal institution. This means that, unlike marriage, no special rights or obligations automatically arise between the partners. Nevertheless, the law does provide for the fact of unmarried cohabitation in some cases. For example, in the area of social benefits, the spouse and partner may be considered as jointly assessed persons, which affects eligibility for benefits.

In addition, a spouse is recognised as a close person in certain circumstances, which plays a role, for example, in providing information about a partner’s health or inheriting in the second class of succession. Unmarried couples should be aware that their relationship does not have automatic legal protection and therefore key issues such as property relations or post-separation rights should be addressed in a written agreement.

What are the advantages and disadvantages of unmarried life compared to marriage?

Unmarried cohabitation, often referred to as “living by the book”, gives partners more freedom and flexibility. Partners can maintain their independence without restrictions, manage their own assets and avoid the formal legal framework that marriage brings. This type of cohabitation is also often perceived as less binding, which can be attractive to some couples, especially if they want to test their relationship before marriage.

On the other hand, unmarried cohabitation does not bring the automatic legal protection afforded to married couples. For example, there is no community of property, which means that all property is owned individually or in the form of joint ownership. On separation, it can be difficult to settle jointly acquired assets or investments made by one partner in the other’s property. Similar problems can arise in the case of inheritance, where a spouse has no guaranteed right to inherit unless a will is made.

Another disadvantage is limited access to a partner’s medical information or to certain social benefits that are only available to spouses. The advantage of unmarried cohabitation is therefore primarily its simplicity, but this choice should be well considered in the light of the possible risks and legal consequences.

Property relations between the spouse and the partner

Unlike marriage, which automatically creates a community of property, cohabitation does not create any such institution. This means that the spouse and the partner acquire property separately – each in his or her sole ownership. If the partners acquire property together, for example real estate or a car, they become co-owners in the proportion they determine in the contract. If there is no agreement, the law presumes equal shares.

In practice, problems may arise in situations where one partner invests his/her resources in the other’s property, for example when renovating a house or apartment. Without a prior agreement, it is very difficult to legally settle these investments retrospectively. Similarly, furnishing a joint household can be problematic – if it is not clear who bought what, the property can be a source of disputes on separation. If one partner has invested in the other’s property, this investment may be considered unjust enrichment for the benefit of the property owner. Under the Civil Code, the other partner has the right to claim compensation for these costs. In practice, however, it may be difficult to prove the exact amount of the investment if the agreement was not in writing or if invoices and other evidence are not available.

Legally, the money in the joint account belongs to both partners in the shares corresponding to their contributions. However, if one of the partners contributed most of the money and the other used it, a claim for unjust enrichment may again arise.

The partners may regulate their property relations by means of a written agreement setting out the rules governing the acquisition, use and possible division of property. This step is particularly important for larger investments, such as the purchase of a joint property. A contract can prevent misunderstandings and legal complications that can arise not only during a break-up but also during inheritance proceedings.

Inheritance rights in an unmarried relationship

The differences of unmarried cohabitation compared to marriage are also strongly reflected in the area of inheritance. If one of the partners dies without a will, the spouse is not automatically considered an heir. The law places them in the second or third class of inheritance, which means that they can only inherit provided that the deceased has no children or other descendants. In the second inheritance class, they inherit together with the deceased’s parents and persons who were dependent on the deceased for their maintenance. In the third class of succession, they shall inherit together with the siblings of the deceased.

In order for a companion to be taken into account at all, it must be shown that they lived in the same household with the deceased for at least one year and participated in his or her care or were financially dependent on the deceased.

A more certain way of ensuring that a partner has a share in the inheritance is to make a will or a contract of inheritance. These documents allow you to specify exactly what property the spouse is to receive. However, there are limitations here too – the non-minor heirs, i.e. the deceased’s children, are entitled to their obligatory share. It is therefore crucial for unmarried couples to pay sufficient attention to inheritance issues to avoid unpleasant surprises.

What access does the partner have to health information?

In an unmarried couple, the spouse does not have an automatic right to information about their partner’s health. However, the Czech legal system recognises spouses as close persons under certain conditions, which can be crucial in cases of serious illness or accident, for example.

If the patient is conscious and able to communicate, he or she can give consent to the spouse to be informed of his or her health condition. This consent can be given verbally or in writing at the hospital or doctor’s office and can be recorded in the medical record. If the patient is unable to give consent, information can only be given to a person close to the patient (typically the next of kin). Here, however, the complication may be the need to prove that the companion actually falls into this category.

The best precaution is therefore to ensure that written consent is obtained in advance of the health information. Alternatively, an affidavit can be drawn up in which both partners confirm their relationship and closeness. This document can facilitate access to information in a crisis situation.

Cohabitation between a spouse and a partner

Cohabitation is not protected in an unmarried relationship as it is in a marriage. If partners share an apartment or house, rights to the property depend on who owns or rents it. The owner of the property, either the spouse or the partner, can sell or give the property without the other partner’s consent. This can lead to situations where the other partner loses their home even though they have lived in the property for a long time.

In the case of a lease, the situation depends on whether the lease is in both partners’ names. If the lease is in the name of only one, the other partner has no legal right to the home after the tenant’s separation or death. The exception to this is if the tenancy passes to a close partner – but here the spouse must meet the legal conditions, for example, proving that they shared a household.

To protect cohabitation, it is advisable to regulate rights and obligations contractually. The agreement may include the division of living costs, the resolution of the situation after the separation or the possibility of transferring the housing to the other partner. Preventing problems is particularly crucial where one partner invests in property owned by the other.