ACT No. XXVII of 2020 AN ACT to repeal the Cohabitation Act, Cap. 571 of the Laws of Malta and to regulate cohabitations and to provide for other matters dealing with them or ancillary to them.

I assent.

(L.S.)

GEORGE VELLA

President

5th June, 2020

ACT No. XXVII of 2020

AN ACT to repeal the Cohabitation Act, Cap. 571 of the Laws of

Malta and to regulate cohabitations and to provide for other matters

dealing with them or ancillary to them.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Cohabitation Act, 2020.

(Article 5)

PART VIII

Consequential amendments

In this Act, unless the context otherwise requires

Interpretation.

"cohabitant" means a person who is continually and

habitually living with another person in the cohabitation home as a

couple, and who enters into a public deed of cohabitation with the

other person, provided that he is not already legally bound to

another person;

"cohabitation home" means that home within which the

cohabitants live together, belonging to either one of the

cohabitants or to both of them, in whichever portion, and whether

or not they possess it by title of lease or any other title, whether

jointly or separately;

"community" shall have the meaning assigned to it in Part

III;

"Court" means the Civil Court (Family Section) or any other

Court which from time to time, shall have the competence to

decide on family matters;

"dependent child" means the children of the cohabitants, or

of any one of the cohabitants, or in regard to whom any one of

them is acting in loco parentis, and who still have the right to

receive maintenance from the said cohabitants

Provided that in loco parentis refers to the cohabitant

who acts in loco parentis with regard to another person’s child, by

reason of the cohabitation of such person with a parent of that

child, where the other parent of that child shall have, at any time

before or during the cohabitation, died or was declared as an

absentee according to the provisions of Title VII of Book First of

the Civil Code, or is unknown

Provided also that this shall be without prejudice to the

obligations of the natural parents of the child and shall in any case

be without prejudice to the provisions of article 149 of the Civil Cap. 16.

Code.

"Minister" means the Minister responsible for justice;

"notary" means a public official vested with all the powers

conferred to him by the Notarial Profession and Notarial Archives Cap. 55.

Act;

"Regulation on registered partnerships" means Council

Regulation (EU) 2016/1104 of the 24 June 2016 implementing

enhanced cooperation in the area of jurisdiction, applicable law

and the recognition and enforcement of decisions in matters of the

property consequences of registered partnerships.

PART II

Establishment of a cohabitation

(1) Persons who have the intention of cohabiting, or persons

who are already cohabiting, and who want to be governed by the

provisions of this Act, shall regulate their cohabitation by means of a

public deed of cohabitation in conformity with the provisions of this

(2) The cohabitation shall have effect from the date of the

publication of the public deed of cohabitation with regard to the

cohabitants, and from when it is enrolled in the Public Registry with

regard to third parties.

(1)

A public deed of cohabitation made between

(a) persons, one of whom has not attained the age of

eighteen (18) years, unless that person is so authorised by law in

terms of sub-article (3);

(b)

ascendants and descendants in the direct line;

(c)

siblings, from the same parents, or from one of the

parents;

(d)

the person adopting and the adoptee;

(e) persons, one of whom is unable to give his consent for

the public deed due to civil interdiction or incapacitation, or the

lack of the use of reason;

(f) persons, one of whom, or both, who are married or are

in a civil union, either between themselves or with third parties,

whether in Malta, or in any other country;

(g) persons, one of whom, or both, who are bound by a

previous public deed of cohabitation in accordance with this Act,

together or with third parties;

(h) persons, or any one of them, who are bound by a

registered or unilaterally declared cohabitation in accordance with

the Cohabitation Act, together or with third parties;

(i) persons, or any one of them, who are in a relationship

with third parties which is already regulated by a foreign law that

provides for the rights and obligations between themselves,

irrespective of its title,

shall be null and void.

(2) For the purposes of sub-article (1), the relationship of an

adopted person shall be considered to exist both with reference to that

person’s biological family as well as with his adoptive family.

(3) For the purposes of sub-article (1), article 3 of the Marriage Act

shall apply mutatis mutandis to minors between sixteen (16) and Cap. 255.

eighteen (18) years, who intend to enter into a public deed of

cohabitation.

(4) The Court of Voluntary Jurisdiction under which one of the

parties intending to enter into a public deed of cohabitation falls may, if

good cause is shown, refrain from applying the provisions of sub-article

4(1)(d), and the said decree shall be annexed to the act.

(1) Any clause of the public deed of cohabitation that in any Formalities of

way breaches any provision of this Act, or that in any way provides for the public deed.

the manner in which such cohabitation shall be dissolved, shall be

considered as null and void.

(2) The parties must declare before the notary that there is nothing

precluding them from entering into a valid public deed of cohabitation in

accordance with this Act, and the notary is obliged to record this

declaration in the said deed.

(3) The parties shall provide the notary with a free status certificate

issued in accordance with article 251(3) of the Civil Code, or an Cap. 16.

equivalent document duly issued by the competent foreign authority, as

the case may be, and such certificate or document shall be officially

issued not more than ninety (90) days prior to the publication date of the

public deed of cohabitation, and shall be attached to the said deed

Provided that the document equivalent to a free status

certificate shall be issued by the competent authority in that country

which issued the said document.

(4) The parties must declare before the notary if they had already

entered into any previous public deed of cohabitation together, which act

was dissolved, and the notary is obliged to record this declaration in the

said deed.

(5) The notary before whom the parties are signing the public deed

of cohabitation is obliged to explain in detail to the parties the

consequences of the said act, and the clauses by which the parties choose

to be bound, and shall declare that he has explained the same in the said

deed.

(6) The notary who publishes the public deed of cohabitation shall,

within fifteen (15) working days from the date of the deed, enrol the said

deed in the Public Registry, in the Register kept for such purpose by the

Director of the Public Registry.

(7) The Director of the Public Registry shall issue a certificate of

cohabitation as prescribed in the Schedule, within twenty (20) days from

the enrolment date of the public deed of cohabitation in the Public

Registry, and a copy of the note of enrolment shall be transmitted to the

Director of the Public Registry.

The provisions of the Regulation on registered partnerships

shall apply to cohabitations enrolled by virtue of a public deed in terms

of this Act.

(1) In the public deed of cohabitation, the parties may decide

to declare the applicable law to their cohabitation from the following

(a) the law of the State where the parties or one of them,

habitually resides at the time that the public deed of cohabitation is

concluded;

(b) the law of a State of citizenship of either one of the

parties at the time the public deed of cohabitation is concluded; or

(c) the law of the State under whose law the public deed

of cohabitation was constituted.

(2) If the parties fail to make such a declaration, it shall be

presumed that the applicable law is Maltese Law.

In the public deed of cohabitation, the parties shall decide upon

and declare, the applicability of Part III

Provided that if the parties fail to make such a declaration, it

shall be presumed that the parties intended to exclude the application of

the said Part.

(1) Without prejudice to article 45A of the Notarial

Profession and Notarial Archives Act, the cohabitants may, at any time,

amend or correct the public deed of cohabitation by means of a

subsequent public deed with the authorisation of the competent Court

Provided that in any case, the Court shall ensure that there is

nothing in the amendments that runs contrary to the best interest of the

dependent children, or that puts any one of the cohabitants in a

vulnerable situation, as the case may be.

(2) In every instance where the Court is requested to give its

authorisation for a deed of correction or amendment to the public deed,

it shall, if it feels that it is appropriate to ensure that this is not being

done abusively by one cohabitant against the other, hear the cohabitants

viva voce.

PART III

Community of assets between cohabitants

(1) In the public deed of cohabitation, the parties may Community of

assets between

establish the community of assets in accordance with this Part.

cohabitants.

(2) Saving any other provision of the law, the right of every

cohabitant to the community of assets commences from the date of the

publication of the public deed of cohabitation, and ceases upon the

dissolution of the cohabitation.

(1) The community of assets between the cohabitants shall What constitutes

the community

only comprise the following

of assets.

(a) the cohabitation home, when the acquisition is made

after the public deed of cohabitation, even though the acquisition

is made in the name of one cohabitant only, and even when the

acquisition was made by moneys or other things which either of

the cohabitants possessed prior to the cohabitation, or which, after

the cohabitation, were transferred to him under any title of

donation, succession, or other title, saving the right of such

cohabitant to deduct the sum disbursed for the acquisition of such

property

Provided that the said cohabitation home shall not be

included in the community of assets if it was transferred to either

of the cohabitants under any title before the cohabitation,

notwithstanding that such cohabitant may have been vested with

the possession of the property only after the cohabitation

Provided also that the said home shall not be included

in the community of assets when it was transferred to either of the

cohabitants by donation or succession, before or after the deed of

cohabitation; and

(b) movables found in the cohabitation home, acquired

after the public deed of cohabitation, even when such acquisition

is made in the name of one cohabitant only, unless those movables

were given to either of the cohabitants by a donation, personal gift

or devolved upon them by succession from third parties

Provided that in this article, ''movables'' shall include

the ornamental and decorative movables kept at the cohabitation

home, and shall exclude moneys, securities, vehicles, boats, and

any movable which is purchased with the purpose of being used

exclusively by one cohabitant.

(2) When the community of assets in accordance with the

provisions of this article applies between cohabitants, all assets which do

not fall under sub-article (1) of this article, shall be considered as assets

belonging to the individual party.

Articles 1322, 1323 and 1325 to 1333 (both inclusive) of the

Civil Code shall apply mutatis mutandis, limitedly to the community of

assets between the cohabitants in terms of article 11.

PART IV

Basic rights and duties

(1) A cohabitant shall enjoy from the rights listed under sub-

article (2), and from other rights referred to in any other law as being

applicable to cohabitants.

(2) The rights conferred to a cohabitant are the following, namely

that the said cohabitant

(a) shall have, without prejudice to the provisions of this

Act, the right of habitation in the cohabitation home;

(b) shall be considered as a tenant for all intents and

purposes of the law with regard to any lease of the cohabitation

home constituted by contract by either of the cohabitants, after the

drawing up of the public deed of cohabitation in accordance with

this Act;

(c) shall be regarded as having the same rights granted to

a person who is married or in a civil union in terms of rights

related to labour and family, including various rights related to

leave, whether rights found in primary and subsidiary laws or

under codes and working practices, excluding however the right of

leave to accompany one’s partner to courses sponsored by the

government abroad;

(d) shall have the right to take all decisions relating to the

medical care of the other cohabitant;

(e) without prejudice to the provisions of the Civil Code

shall have, in the event that one of the cohabitants dies during the

cohabitation, the right of habitation for twelve (12) months over

the cohabitation home, where the said cohabitation home is held in

full ownership or emphyteusis by the deceased cohabitant, either

separately or jointly with the surviving cohabitant

Provided that, this right of habitation shall cease, if the

survivor contracts a marriage, civil union or enters into

cohabitation with another person

Provided also that, the right conferred in this

paragraph shall subsist even where such right has the effect of

reducing during the said period, the reserved portion due to any

other person;

(f) shall have the right to be entitled to non-contributory

social assistance when the cohabitant is a person, who in the

opinion of the Director of Social Services is living with the head of

the family, as if they were spouses in marriage in accordance with

article 30 of the Social Security Act;

(g) shall have the right to a widow’s pension under articles

31 to 43 (both inclusive) of the Social Security Act;

(h) shall have the right upon the death of the other

cohabitant, to apply for a retirement pension if he had been, or was

entitled to be maintained by the deceased cohabitant under article Cap. 318.

46 of the Social Security Act;

(i) shall have the right to payment of an age pension when

both cohabitants qualify under article 66 of the Social Security Cap. 318.

Act;

(j) shall have the right to receive social benefits as a foster

carer in accordance with article 76A of the Social Security Act;

(k) shall have the right to sickness assistance when the

cohabitant is living with the head of the family during a period

when such sickness assistance is being paid, or could be paid;

(l) shall have the right to unemployment benefit and to

special unemployment benefit if the cohabitant is maintaining the

other cohabitant in accordance with article 30 of the Social Cap. 318.

Security Act;

(m) shall have the right to maternity benefit and maternity

leave benefit in accordance with articles 71 and 72 of the Social

Security Act;

(n) shall have the right to the supplementary allowance

under article 73 of the Social Security Act;

(o) shall have the right to children’s allowance under

articles 76, 80, 81 and 82 of the Social Security Act;

(p) shall have the right to allowance in respect of children

in care under articles 76A, 80, 81 and 82 of the Social Security

Act;

(q) shall have the right to an allowance for disabled

children under articles 77, 80, 81 and 82 of the Social Security

Act;

(r) shall have the right to have their dependent children

live with the cohabitees in the cohabitation home, as the case may

be, unless otherwise provided by an order of the competent Court.

(1) The cohabitants shall have equal rights and shall assume

equal responsibilities during their cohabitation, and shall also have the

duty to support each other morally and materially.

(2) The cohabitants are bound, each in proportion to their means

and their ability to work whether inside or outside the cohabitation

home, as the interests of the family require, to maintain each other and to

contribute towards the needs of the family

Provided that this duty of the cohabitants shall cease upon the

dissolution of cohabitation.

(1) Cohabitation imposes on the cohabitants the obligation to

look after, maintain, instruct and educate the dependent children taking

into account the abilities, natural inclinations and aspirations of the

children.

(2) The obligation of the parents to provide maintenance according

to sub-article (1), also includes the obligation to continue to provide

adequate maintenance to the dependent children according to their

means, and where it is not reasonably possible for the children, or any of

them to maintain themselves adequately, due to the fact that

(a) they are students who are participating in full-time

education, training or learning and are under the age of twenty-

three (23); or

(b) they have a disability, as defined in the Equal

Opportunities (Persons with Disability) Act, whether such

disability is physical, mental or psychological.

(1) The cohabitation home shall be established where the

cohabitants may by their common accord determine in accordance with

their needs and the overriding interest of the family itself.

(2) Where the cohabitation home is, wholly or in part, owned or

otherwise held under any title separately by one of the cohabitants, such

cohabitant may only assign by title inter vivos his right over the

cohabitation home

(a)

with the consent of the other cohabitant; or

(b) where such consent is unreasonably withheld, with the

authority of the competent Court; or

(c) in a judicial sale by auction at the instance of any

creditor of the said cohabitant.

(3) The party who has not given his consent to a transfer, may file

an action for the annulment of the said transfer which has not been

effected in accordance with sub-article (2), within one (1) year from the

registration of the transfer.

PART V

Dissolution of the Cohabitation

(1) The dissolution of the cohabitation may not take place Dissolution of

except on the demand of one cohabitant against the other, or by mutual the cohabitation.

consent of the cohabitees, as provided in article 21.

(2) All requests for the dissolution of cohabitation shall be filed by

means of an application before the Court, and without prejudice to the

provisions of article 14, the provisions of article 37 of the Civil Code Cap. 16.

shall apply mutatis mutandis.

(3) The Court shall, in the decree or judgement of the dissolution of

cohabitation, order the Registrar of Courts to notify the dissolution of

cohabitation to the Director of Public Registry within the period allowed

for this purpose by the Court, so that the said decree or judgement shall

be registered in the Public Registry.

(1) Where an application for the dissolution of the Unilateral

cohabitation is made by only one of the cohabitants, it shall not be request

dissolution.

necessary for the cohabitant making the demand to impute to the other

party any fault leading to the making of such request.

(2) The cohabitant making the request for the dissolution of

cohabitation may, together with the same request, and without prejudice

to the provisions of this article and of article 14, make all those requests

that are permissible in a cause for separation in accordance with Sub-

Title III of Title I of Book First of the Civil Code.

(3)

The Court shall hear and determine these requests as provided

in the said provisions mutatis mutandis

Provided that, without prejudice to the provisions of this article

and of article 14, the other cohabitant may put forward all those pleas

which may be made in a cause for separation.

(4) Without prejudice to the provisions of article 14, the Court shall

have mutatis mutandis all the powers granted to it under Sub-Title III of

Title I of Book First of the Civil Code with regard to orders which it is

entitled to give pendente lite.

(5) The provisions of articles 38, 40, 41, 44, 45, 48, 51, 52, 53, 58,

62, 63, 64 and 65 of the Civil Code shall not apply with regard to an

action for the dissolution of cohabitation.

(6) Without prejudice to the provisions of article 14, the provisions

of articles 39, 46, 46A, 47, 54, 55, 55A, 56, 56A, 57 and 61 of the Civil

Code shall apply mutatis mutandis.

The action for dissolution of the cohabitation shall be

extinguished by the reconciliation of the cohabitants.

The death of either of the cohabitants shall extinguish the

action for dissolution, even though said death takes place subsequent to

the request.

(1) Dissolution of cohabitation may, subject to the authority

of the Court by means of a decree, be effected by mutual consent of the

cohabitants by means of a public deed.

(2) The Court shall, before pronouncing such decree, admonish the

parties as to the consequences of the dissolution, and shall endeavour to

reconcile them, and may revoke, modify or add those conditions that it

may deem fit in the circumstances.

(3) This decree shall have the same effects of a judgement given by

the competent Court, and shall order the Registrar of Courts to notify the

dissolution of cohabitation to the Director of Public Registry within the

period allowed for this purpose by the Court, so that the said decree shall

be registered in the Public Registry.

(1) The Court, on authorising the dissolution of cohabitation,

shall in the said decree order in whose custody the children are to be

placed.

(2) It shall be lawful for the Court to revoke or vary such orders at

any time, in the best interest of the children.

The provisions of the Civil Court (Family Section), the First

Hall of the Civil Court and the Court of Magistrates (Gozo) (Superior

Jurisdiction) (Family Section) Regulations applicable to cases of

personal separation, shall apply mutatis mutandis to any action filed in

accordance to this Part.

The dissolution of the cohabitation shall only be operative with Effects on third

regard to third parties from the day on which the judgement or the public parties.

deed, as the case may be, shall have been enrolled in the Public Registry.

PART VI

General Provisions

(1) When two cohabitants contract a marriage or civil union General

between them, the public deed of cohabitation shall be terminated ipso provisions.

facto from the day on which the same marriage or civil union is

contracted.

(2) The Director of Public Registry shall record an annotation of

this on the Cohabitation Certificate.

None of the provisions of this Act shall prejudice the rights of Rights of third

parties.

third parties in relation to any cohabitant.

(1) A person who immediately prior to the termination of Right of action

the relationship as a couple, or the other party is deceased was for

cohabitations.

continually and habitually living with another person as a couple, and

who has been living with the same person for a period of not less than

two (2) years, and whose relationship is not regulated under any law,

may, within twelve (12) months, file an application before the Court,

requesting the following rights, as the case may be

(a) the right of habitation in the common home, for a

period that shall be determined by the Court, limitedly to be

given time for the purposes of finding an alternative residence;

or

(b) where the other person is deceased, the right of

habitation in the common home, for a period that shall be

determined by the Court, when the said common home is held in

full ownership or emphyteusis by the deceased person, either

separately or jointly with the surviving person, limitedly to be

given time for the purposes of finding an alternative residence

Provided that the right conferred in this paragraph

shall subsist even where such right has the effect of reducing,

during the said period, the reserved portion due to any other

person;

(c) the right to be compensated for any patrimonial loss

which that person may have suffered, where the other person has

enriched himself to their detriment, in accordance with articles

1028A and 1028B of the Civil Code.

(2) During the pendency of the action, the plaintiff may demand

that the Court shall determine who shall reside in the common home

during the pendency of such action, whether the plaintiff has left the

common home or not.

(3) The rights mentioned in paragraphs (1)(a) and (b) shall cease

if the plaintiff contracts a marriage, civil union, or enters cohabitation

with another person.

(4) For the purposes of this article "common home" means that

home within which the two (2) persons are living together, belonging

to either one of them or to both of them, in whichever portion between

them, and whether or not they possess it by title of lease or any other

title, whether jointly or separately.

(5) The Court shall, in its judgment, order the Registrar of Courts

to notify its judgment to the Director of the Public Registry within the

period allowed for this purpose by the Court, so that the said judgment

shall be registered in the Public Registry.

Wherever in the Laws of Malta it is considered that there is, or

may be a conflict of interest due to affinity between two persons, in any

circumstance, this shall be construed as applying also to the cohabitants.

The Minister may make regulations to implement and to give

better effect to the provisions of this Act, and without prejudice to the

generality of the foregoing, may provide for any consequential matter,

incidental to or connected to the provisions of this Act.

PART VII

Transitory Provisions

Immediately after the entry into force of this Act, the

provisions of the Cohabitation Act, shall be revoked, provided that

(a) the provisions of the Cohabitation Act shall remain in

effect for matters concerning rights acquired in a de facto

cohabitation; and

(b) the provisions of the Cohabitation Act providing for

cohabitations constituted by means of a unilateral declaration

shall remain in effect and shall be applicable limitedly to

cohabitations which were constituted by virtue of a unilateral

declaration registered prior to the entry into force of this Act.

This Act shall have no effect on those cohabitations constituted Cohabitations

by

by virtue of a contract which were registered prior to the entry into force constituted

virtue of a

of the said Act. Such cohabitations shall remain to be regulated by the contract.

dispositions which were in effect at the time when they were constituted

and registered.

Without prejudice to the provisions of this Part, the Deletion of Act

Cohabitation Act is hereby being repealed, without prejudice to anything XV

of 2017.

done or omitted to be done thereunder.

Article 196 of the Code, shall be substituted as follows

196. Any

(a) spouse;

(b) civil union partner; or

(c) cohabitant in a registered or unilaterally

declared cohabitation according to the Cohabitation

Act, or a registered cohabitation by means of a

public deed in accordance to the Cohabitation Act,

2020,

2020. who, during the subsistence of a valid and lawful

marriage, civil union or cohabitation, contracts another

marriage, civil union or cohabitation, shall, on conviction,

be liable to imprisonment for a term from thirteen (13)

months to four (4) years.".

Article 196A of the Criminal Code shall be deleted.

Article 114 of the Civil Code shall be amended as follows

(a) sub-article (2) thereof, shall be substituted by the

following

"(2) An adoption decree may be made on the

application of two spouses, civil union partners or

cohabitants whose cohabitation is regulated by means of

a contract in accordance with the Cohabitation Act, or of

cohabitants whose cohabitation is enrolled by means of a

Act No. XXVII

public deed under the Cohabitation Act, 2020,

authorizing them jointly to adopt a person and may not

be made on the application of only one of such spouse,

civil union partner or cohabitant

Provided that, where the person to be adopted is

the natural offspring of either of the spouses, a civil

union partner or a cohabitant in a cohabitation registered

under the Cohabitation Act or enrolled by means of a

Act No. XXVII public deed under the Cohabitation Act, 2020, in that

eventuality, subject to the provisions of article 115(3)(c),

the adoption decree may be made notwithstanding that

the application is filed only by the natural parent of the

person to be adopted and the Court shall not be bound to

request or review the recommendation of the Adoption

Board.";

(b) in sub-article (3) thereof, the words "or

cohabitants in a de facto or registered cohabitation" shall

be substituted by the words ", cohabitants whose

cohabitation is registered under the Cohabitation Act and

Act No. XXVII cohabitants whose cohabitation is enrolled by means of a

public deed under the Cohabitation Act, 2020".

Paragraph (ii) of sub-paragraph (a) of sub-article (2) of article

115 of the Civil Code shall be substituted by the following

"(ii) in favour of the parent and the spouse, the civil

union partner or the cohabitant whose cohabitation is

registered under the Cohabitation Act, or the cohabitant

whose cohabitation is enrolled by means of a public deed

Act No. XXVII

under the Cohabitation Act, 2020, if the person to be

adopted has lived with the said applicants for at least five

(5) consecutive years and consents to the adoption; or".

In sub-article (1) of article 238 of the Civil Code, the words

"four register" shall be substituted by the words "five register", and the

words "and the fourth for the registration of acts of death" shall be

substituted by the words ", another for the registration of acts of death,

and the fifth for the registration of the deeds of cohabitation.".

In paragraph (d) of article 301 of the Civil Code, immediately

after the words "in a civil union," there shall be added the words "in a

cohabitation registered under the Cohabitation Act or enrolled by means

of a public deed under the Cohabitation Act, 2020".

In sub-article (8) of article 633 of the Civil Code, immediately

following the words "surviving spouse" there shall be inserted the words

", or if the surviving spouse enters into a public deed of cohabitation".

In Form G in Part II of the First Schedule of the Civil Code,

after the words "in a civil union" there shall be added the words "/in a

cohabitation".

In Form O in Part II of the First Schedule of the Civil Code, Amendment of

for the words "Name and surname of spouse/partner in a civil union or the

widow/widower or unmarried" there shall be substituted by the words Civil

"Name and surname of spouse/partner in a civil union/cohabitant or

widow/widower or single".

Paragraph (e) of sub-article (1) of article 50 of the Notarial Amendment of

Profession and Notarial Archives Act, shall be substituted by the article

following

"(e) any public deed of cohabitation;".

In article 6 of the Marriage Act, the words "or by a registered Amendment of

cohabitation or a unilaterally declared cohabitation under the article

Cohabitation Act" shall be substituted by the words ", by a registered or Cap. 255.

unilaterally declared cohabitation under the Cohabitation Act or by a Cap. 571.

cohabitation enrolled by means of a public deed under the Cohabitation Act No. XXVII

Act, 2020".

Article 32 of the Duty on Documents and Transfers Act, shall Amendment of

be amended as follows

(a) in sub-paragraph (iv) of sub-article (3) thereof, the Cap. 364.

words "of the deceased spouse.", shall be substituted by the words

"of the deceased spouse; or"; and

(b) immediately after sub-paragraph (iv) thereof, there

shall be added the following new sub-paragraphs

"(v) between cohabitants whose cohabitation is

enrolled by means of a public deed under the

Act No. XXVII

Cohabitation Act, 2020, when such assets are assigned

of 2020.

between them consequent to the dissolution of the

cohabitation

Provided that in such circumstances, the term

"immovable property" shall also include immovable

property owned by a company which is fully owned by

any or both said cohabitants;

(vi) between cohabitants whose cohabitation is

enrolled by means of a public deed under the

Act No. XXVII Cohabitation Act, 2020, on the dissolution of the

community between said cohabitants;

of 2020.

(vii) between cohabitants whose cohabitation is

enrolled by means of t he public deed under the

Act No. XXVII

Cohabitation Act, 2020, whether the community of assets

exists between them or otherwise, on any transfer inter

vivos of the cohabitation home or part thereof, of any or

both of the cohabitants; or

(viii) on the death of one of the cohabitants, whose

cohabitation is enrolled by means of a public deed under

Act No. XXVII the Cohabitation Act, 2020, on any partition of any

property held in common between the cohabitants,

whether it is the community property or otherwise,

between the surviving cohabitant and the heirs of the

deceased cohabitant.".

Passed by the House of Representatives at Sitting No. 337 of the 1st

June, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€ 1.80