Legal questions about cohabitation contracts


Questioner

A few years ago, my ex and I lived together and we entered into a cohabitation agreement. We have a twelve-year-old son together and her son, now 25, has always lived with me and he still lives with me. Now my ex decided 3 years ago moving in with someone else has turned my life upside down. My ex then took our 12 year old son with him and we have always kept in touch as friends for the sake of the children. Now my ex's relationship with the other person did not end well and after 3 years my ex is now demanding to move in with me again and my ex is accepting the old cohabitation contract. Is this legally valid and can my ex just claim it? I'm at my wits end.

Lawyer

Many cohabitation agreements stipulate that the agreement will automatically end if the cohabitation ends. As you describe, the cohabitation ended three years ago, because the ex then started living with someone else. If your cohabitation agreement does not contain such a termination clause, the agreement may still exist in a legal sense, but this does not mean that your ex could enforce that she may move back in with you on the basis of this. The circumstances are now very different from when the agreement was concluded, so it must always be considered whether an appeal to the agreement is still possible under the current circumstances.

Lawyer

Many cohabitation agreements stipulate that the agreement will automatically end if the cohabitation ends. As you describe, the cohabitation ended three years ago, because the ex then started living with someone else. If your cohabitation agreement does not contain such a termination clause, the agreement may still exist in a legal sense, but this does not mean that your ex could enforce that she may move back in with you on the basis of this. The circumstances are now very different from when the agreement was concluded, so it must always be considered whether an appeal to the agreement is still possible under the current circumstances.

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