COHABITATION ACT

CHAPTER 614

COHABITATION ACT

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.

5th June, 2020

ACT XXVII of 2020 , as amended by Act XXII of 2025.

The short title of this Act is the Cohabitation Act.

In this Act, unless the context otherwise requires

"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

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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 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 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;

(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)

Deleted by Act XXII.2025.14.

(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 way breaches any provision of this Act, or that in any way provides

for 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 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

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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

establish the community of assets in accordance with this Part.

(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 only comprise the following

(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

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(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 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 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

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;

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(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

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

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

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

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

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

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

public 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 between them, the public deed of cohabitation shall be terminated

ipso 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

third parties in relation to any cohabitant.

(1)

A person who immediately prior to the termination of

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

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.

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(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 by virtue of a contract which were registered prior to the

entry into force of the said Act. Such cohabitations shall remain to be

regulated by the dispositions which were in effect at the time when they

were constituted and registered.

Without prejudice to the provisions of this Part, the

Cohabitation Act is hereby being repealed, without prejudice to

anything done or omitted to be done thereunder.

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SCHEDULE (Article 5)