The newly enacted Cohabitation Act, Chapter 571 of the Laws of Malta, makes special provisions for the ‘ordinary, primary, common home’ only in the case of registered partnerships.

On the demise of one of the registered partners, if the common home was co-owned, the survivor has the right of habitation during his lifetime or until such time as s/he contracts marriajge, civil union or enters into another registered partnership.

If the common home was owned by the predeceased registered partner, the survivor enjoys the right of habitation over said home, for a period of years equivalent to the number of years that the cohabitants had been cohabiting, provided that the number of years cannot exceed 15 years. At the same time, the law also stipulates that such right of habitation shall be enjoyed ‘vita durante’ by the survivor or until such time as s/he contracts marriage, civil union or enters into another registered partnership.

With regards to movable property, the law gives rise to a rebuttable presumption that cohabitants are entitled to an equal portion of the movables found in the ‘ordinary, primary, common home’ which were acquired during the period of cohabitation.

Print this topic

back to top