👫 What rights does cohabitation give you in Malta?

With conditions

Quick answer

Yes, but the rights do not arrive on their own — you must register the cohabitation. The Cohabitation Act (Cap. 614), which came into force in June 2020 and replaced the old 2016 act, protects couples who choose not to marry. But to be a legal "cohabitant" you must draw up a contract by public deed before a notary, published and registered in the Public Registry. Cohabitants then have equal rights and duties: the duty to support each other morally and materially, and the same labour and family rights (such as leave) as married couples. The big myth: that living with someone for a certain number of years automatically makes you like a married couple — Malta has no "common-law marriage." Without a registered contract, a partner may find they have no right to maintenance, inheritance or the home.

📋 The rules

The Cohabitation Act (Cap. 614) of 2020 replaced the earlier law and governs the rights of couples who live together.
Cohabitation must be created by a contract in a public deed before a notary and registered in the Public Registry.
Both parties must be free — neither married nor in a civil union with anyone else — and live together continuously.
Cohabitants have equal rights and responsibilities and a duty to support each other morally and materially.
Cohabitants enjoy the same labour and family rights (such as leave) as married couples, but their assets stay separate.

🔓 Exceptions

Difference from a civil union (Cap. 530): that is identical to marriage, whereas cohabitation keeps the parties' lives and assets more separate.
Without a registered contract, a couple living together does not acquire the Act's rights automatically — for example inheritance.
Cohabitation can end by agreement or unilaterally; certain maintenance obligations may survive afterwards depending on the case.

⚠️ Penalties & fines

The most common "penalty" in cohabitation is the one nobody expects: having no rights at all. If you live with a partner for decades but never register a cohabitation contract, and the partner dies, you are not a legal heir — the assets pass to blood relatives under the law of succession, and you can even lose the home if it was not in your name. The same applies on a break-up: without a contract there is generally no right to maintenance or to a share of the partner's property. Even with the contract, cohabitation creates no community of acquests: what you buy stays yours and what your partner buys stays theirs, unless the contract says otherwise. That is why the "common-law marriage" myth can cost a great deal to anyone who relies on it.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

If I live with my partner for 5 years, do I become like a married couple?

No, Malta has no automatic "common-law marriage," no matter how long you live with someone. To gain the rights under the Cohabitation Act you must register a contract by public deed before a notary; without it, you are legally two separate people despite the years together.

What is the difference between cohabitation and a civil union?

A civil union (Cap. 530) is identical to marriage in its effects, including the community of property and full succession rights. Cohabitation is a lighter form that protects the couple without merging their lives and assets in the same way, and their property stays with the individual.

Can a cohabitant inherit from their partner?

With a cohabitation contract there may be certain rights, but these are not the same as the spouse's reserved share in a marriage. Without a registered contract, the surviving partner generally has no right of succession, and the assets pass to blood relatives under the law.

Do you have to go to a notary to register cohabitation?

Yes, the law requires cohabitation to be created by a public deed before a notary and registered in the Public Registry. A simple verbal agreement or just living under one roof is not enough to create the rights and obligations set out in the Act.

Do cohabitants get workplace leave like married couples?

Yes, the Act gives cohabitants the same labour and family rights as married couples, including family-related leave. This means a registered cohabitant can benefit from those rights without being formally married or in a civil union.

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