Cohabitation in Malta: what the law gives you, and what an agreement adds

Not every couple marries. Malta’s Cohabitation Act (Cap. 614) gives couples who live together a legal framework, but its protections come from a public deed. This guide explains what the law gives you with and without one.

With a deed

A couple make a public deed before a notary, and it is registered in the Public Registry. They receive a certificate of cohabitation. From then on (articles 3, 5 and 13 to 16):

• each of you has a right of habitation in the cohabitation home;
• you have the same rights as married people in matters of labour and family, including leave, and in a range of social security benefits;
• you can take medical decisions for each other;
• if your partner dies, you have a right to stay in the home for twelve months, where they owned it in full ownership or emphyteusis;
• you have equal rights and responsibilities and a duty to support each other and your children.

You can also choose, in the deed, to share some property: only the cohabitation home (acquired after the deed) and the movables in it (articles 10 and 11). If you do not choose, that is presumed excluded (article 8).

A deed is void if, for example, either of you is under eighteen, married, or already bound by another deed (article 4).

Ending it

You can end a cohabitation by agreement, with the court’s authority, or one partner can ask the court to dissolve it. The court can deal with the children, maintenance and the home, much as it does in a separation (articles 17 to 22). If you marry each other, the deed ends from that day (article 25). See ending a cohabitation.

Without a deed

If you have lived together for at least two years and your relationship is not regulated by any law, you have only limited rights. Within twelve months of the relationship ending (or of your partner’s death) you can apply to the court for the right to stay in the common home for a time to find somewhere else, and for compensation where the other person has enriched themselves at your expense (article 27).

Your children

Disputes between unmarried parents about care, custody, residence, access and maintenance go through the same mediation and court process as for married parents (Family Court Proceedings Regulations, 2026, regulation 39). See children of unmarried parents.

Where to start

If you are thinking about a deed, or your relationship is ending, a conversation is the first step. See cohabitation.