8 What does the law provide for the property of registered and non-registered partners?
The provisions on the spouses' property relations can be applied analogously to registered partnerships (which may come into existence between persons with identical gender only) (Art. 3 (1) a)-c) of Act XXIX of 2009 on Registered Partnership and Related Legislation and on the Amendment of Other Statutes to Facilitate the Proof of Cohabitation).
As of 1 January 2010, same-gender couples and mixed-gender couples are equally entitled to request the registration of their partnership with a civil law notary. This registration has to be distinguished from the one described in the first paragraph. It does not create any new rights or obligations but merely facilitates proof of the existence of the partnership (Art. 36/E-36/G of Act XLV of 2008 on Certain Non-Litigious Notarial Procedures).
Since 15 March 2014, partners may arrange their property relations by means of a contract for the duration of their partnership. The contract shall be considered valid if executed in an authentic instrument or in a private document countersigned by an attorney. The partnership contract may contain any provision relating to property rights which could also apply to married couples under a marriage contract or in accordance with the Civil Code.
A partnership contract shall be considered effective against third parties if the contract is recorded in the national register of partnership contracts, or if the partners are able to prove that the third party was aware, or should have been aware that such contract existed, including its contents. The provisions pertaining to the register of marriage contracts shall apply mutatis mutandis to the register of partnership contracts.
(Art. 6:515 of the Civil Code)
Unless otherwise provided for by the partnership contract, the partners shall be considered independent in their property acquisitions during their cohabitation. If cohabitation is terminated, either partner may request the division of property jointly acquired during the period of cohabitation. Any property that would be considered separate property in the case of marriage shall not be treated as jointly acquired property.
Partners shall be entitled to a share of jointly acquired property primarily in kind, in proportion to their contribution. Work done in the household, in child-raising and also in the other partner’s enterprise shall be construed as contributing to acquisition. If the ratio of contribution cannot be determined, it shall be considered equal, unless this would constitute inequitable financial loss in respect of either of the partners.
Unless otherwise provided for in the Civil Code, the provisions on the marital deferred community of property regime shall apply mutatis mutandis to the protection of a partner’s share in jointly acquired property and to the division of jointly acquired property among the partners.
(Art. 6:516 of the Civil Code)
The partners may enter into an agreement on the further use of their common home following the termination of their partnership before entering into and during the civil partnership. The agreement shall be considered valid if executed in an authentic instrument or in a private document countersigned by an attorney.
(Art. 6:517 of the Civil Code)