Institutional portal - Municipality of Milan

The de facto cohabitants:

• they have the same rights as their spouse in the cases provided for by the penitentiary system
• in the event of illness and hospitalization, they have a reciprocal right of visit, assistance, as well as access to personal information, according to the rules of organization of public, private or affiliated hospital or care facilities provided for spouses and family members
• can designate the cohabitant as a representative with full or limited powers in the event of illness resulting in inability to understand and want, for decisions regarding health or, in the event of death, with regard to organ donation, treatment methods of the body and funeral celebrations
• have rights inherent to the dwelling house
• have the right of succession in the rental contract of the house of common residence in the event of death of the tenant or withdrawal from the contract of one of the cohabitants
• have the right to be included in the rankings for the assignment of public housing, if belonging to a family unit constitutes a preferential qualification or cause
• they have rights in the partner's business activity
• they enjoy an expansion of the faculties recognized in the context of protection measures for people without autonomy
• in the event of death of the cohabitant, resulting from the wrongful act of a third party, the same criteria identified for compensation for damage to the surviving spouse apply in identifying the damage that can be compensated for the surviving party.

The de facto cohabitation contract that regulates the financial relationships between cohabitants must be stipulated in the form of a public deed or private deed authenticated by a notary or a lawyer.

The cohabitation contract may contain:

• the methods of contributing to the needs of life in common, in relation to each person's assets and capacity for professional and home work
• the property regime of community of property (modifiable at any time during cohabitation)
• indication of residence.

The contract cannot be subject to any term or condition. In the event that the parties insert terms or conditions, these are deemed not to have been applied.

The cancellation of a cohabitation occurs automatically when the cohabitation or residence in the Municipality of Milan ceases or the contract is terminated in the event of:

• agreement of the parties - in this case the provision requires compliance with the formalities required for the conclusion of the contract and provides - if the cohabitants had chosen the legal community of property - the dissolution of the same (the provisions of the civil code which regulate legal communion in marriage). If real property rights derived from the cohabitation contract, a notary must take care of their transfer
• unilateral withdrawal - the notary or lawyer who receives the deed must notify a copy to the other contracting party; if the home is available to the withdrawing party, the withdrawal document must allow the cohabitant at least 90 days to leave the home
• marriage or civil union between cohabitants or between a cohabitant and another person - in this case the party who has contracted the marriage or civil union must notify the de facto cohabitant of the marriage or civil union extract; a copy must also be notified to the professional who received or authenticated the cohabitation contract
• death of one of the contracting parties - the surviving cohabitant or the heirs of the deceased must notify the extract of the death certificate to the professional who received or authenticated the cohabitation contract, who will notify the annotation of the resolution to the registry office of the municipality of residence.

The contract is void:

• in the presence of a marriage bond, a civil union or another cohabitation contract
• in the absence of the requirements for the declaration of de facto cohabitation (absence of kinship, affinity or adoption relationships; absence of a stable emotional bond between a couple and mutual moral and material assistance)
• if one of the parties is a minor
• if one of the parties is judicially disqualified
• in case of conviction for the crime referred to in article 88 of the civil code (murder committed or attempted on the spouse).

In these cases, the effects of the cohabitation contract remain suspended pending the judicial interdiction proceedings or, in the case of indictment or precautionary measures ordered for the crime of murder of the spouse (art. 88 of the Civil Code), until the sentence of acquittal.