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Co Habitation Agreement for Austria

Co Habitation Agreement Template for Austria

A Cohabitation Agreement under Austrian law (Lebensgemeinschaftsvertrag) is a legally binding document that establishes the rights, responsibilities, and financial arrangements between unmarried partners who live together. This agreement, while not explicitly regulated by a single Austrian statute, draws its legal basis from various provisions of the Austrian Civil Code (ABGB) and related legislation. It covers crucial aspects such as property rights, financial obligations, living arrangements, and provisions for relationship dissolution, providing legal clarity and protection for cohabiting partners in Austria.

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What is a Co Habitation Agreement?

A Co Habitation Agreement becomes essential when unmarried couples in Austria decide to live together and wish to establish clear legal and financial arrangements for their relationship. This document, governed by Austrian law, addresses the gap in legal protection that exists for unmarried couples, as they don't automatically receive the same rights as married couples under Austrian legislation. The agreement typically covers property ownership, financial responsibilities, living arrangements, and potential separation procedures. It's particularly important because Austrian law doesn't provide comprehensive statutory protection for cohabiting couples, making this contractual arrangement a crucial tool for establishing clear rights and obligations. The document can be customized to address specific circumstances such as existing assets, shared property, or children, and while not mandatory, it provides valuable legal certainty for both partners.

What sections should be included in a Co Habitation Agreement?

1. Parties: Identification and details of both cohabiting partners

2. Background: Brief history of the relationship, current living situation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Duration of Agreement: Commencement date and terms for review or termination

5. Living Arrangements: Details of shared residence, whether owned or rented

6. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, and bill payments

7. Property Rights: Ownership and division of property acquired before and during cohabitation

8. Debt Management: Handling of existing and future debts, joint liabilities

9. Household Expenses: Division and management of regular household costs

10. Dispute Resolution: Process for resolving disagreements

11. Termination Provisions: Procedures and arrangements in case of relationship breakdown

12. Governing Law: Confirmation of Austrian law application and jurisdiction

What sections are optional to include in a Co Habitation Agreement?

1. Children and Parenting: Arrangements for existing or future children, including financial responsibilities - include when either partner has or plans to have children

2. Pets: Arrangements for pet ownership and care - include when the couple has or plans to have pets

3. Business Interests: Management of shared business interests or investments - include when partners have joint business ventures

4. Healthcare Provisions: Healthcare decision-making rights and responsibilities - include when partners want specific healthcare arrangements

5. Insurance Arrangements: Joint insurance policies and beneficiary designations - include when partners share insurance policies

6. Inheritance Provisions: Special arrangements for inheritance rights - include when partners want to establish specific inheritance rights

7. Power of Attorney: Mutual powers of attorney for specific situations - include when partners want to grant each other decision-making authority

8. Social Media and Privacy: Agreements about sharing personal information and social media presence - include when privacy is a specific concern

What schedules should be included in a Co Habitation Agreement?

1. Schedule A - Asset Inventory: Detailed list of individual and joint assets at the time of agreement

2. Schedule B - Debt Inventory: List of individual and joint debts at the time of agreement

3. Schedule C - Household Inventory: Inventory of shared household items and their ownership

4. Schedule D - Financial Contributions: Detailed breakdown of agreed financial contributions

5. Schedule E - Property Documents: Copies of property titles, rental agreements, or mortgage documents

6. Appendix 1 - Contact Information: Emergency contacts and important professional advisors

7. Appendix 2 - Financial Accounts: List of joint and individual bank accounts and financial arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
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