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How marriage, civil partnerships and cohabitation impact聽 property ownership overseas

Is your relationship legally recognized in your destination country? That's the first question to ask before considering any property purchase. This question comes up right from the start of any relocation plan, since you'll need to obtain a visa. But not every couple is recognized as such: you may be considered a couple in your home country yet treated as two single individuals abroad (or the reverse). This is often the case for cohabiting partners, those in a civil partnership (such as a PACS or equivalent), or couples married through customary or religious ceremonies only.

Civil marriage remains, to this day, the only form of union universally recognized at the international level. It is a legal bond that confers specific rights and responsibilities on both spouses, and it offers the strongest legal protection when buying property together (though this still depends on the matrimonial regime you choose).

Of course, this doesn't mean other forms of union are illegal. Civil partnerships, cohabitation, customary marriages, and religious marriages may all be recognized under the laws of certain countries. However, this recognition rarely grants the same rights as civil marriage, particularly in the case of cohabitation. Civil marriage, by contrast, is recognized worldwide. It can be complemented by a customary or religious ceremony, but those ceremonies will not be officiated by a state representative and carry no legal weight on their own.

To obtain a visa or residence permit, spouses typically need to prove they are civilly married. It remains the most straightforward way to be recognized as a couple when relocating abroad.

Civil partnerships and buying property abroad

In countries that recognize civil partnerships, buying property together is possible. Both partners will own the property in proportion to their financial contribution, under a co-ownership arrangement. That said, it's essential to consult an expat and real estate specialist to avoid any unpleasant surprises. For example, each partner's share must be clearly stated in the purchase deed. If the relationship ends, the property can only be sold with both partners' consent. If they can't agree, a court may order the sale. Many countries recognize civil partnerships, including Canada, Brazil, Argentina, most European Union member states, Switzerland, and South Africa, among others.

Cohabitation and property ownership abroad

First, it's worth clarifying that the term "cohabitation" can be misleading. Countries that recognize this type of union (Canada, for instance) often draw a distinction between cohabitation (a stable, shared life between two people) and simply being in a relationship without a permanent shared home. The former grants certain rights to the partners, but still offers significantly less protection than civil marriage.

As with civil partners, cohabiting couples buying property abroad are generally subject to co-ownership rules. They may also choose to set up a property holding company (a civil real estate company). It's worth noting, however, that relatively few countries recognize cohabitation as a legal status. Here again, professional advice is essential, especially if you want to proceed with a property purchase abroad without being civilly married.

How your matrimonial regime affects property purchases as an expat couple

Not all matrimonial regimes are recognized in the same way in every country. This matters because your matrimonial regime has a significant impact on any property (movable or immovable) acquired by the couple, whether you're expats or not. It's the regime you choose that determines whether assets acquired during the marriage belong to both spouses jointly or solely to the purchasing spouse.

Being an expat聽adds an extra layer of complexity: your matrimonial regime, or the type of union you've chosen (such as cohabitation), must be recognized in your host country for each partner's rights to be upheld.

The matrimonial regime you choose has major consequences for your property plans as an expat couple. Who will actually own the property before marriage? Will ownership be shared? Who gets the property in the event of a divorce? Depending on the regime, an expat spouse may end up as a co-owner of the property or, on the contrary, with no legal claim to it at all.

The main matrimonial regimes and their implications for property purchases

There are generally five main regimes:

Deferred community of property: all movable and immovable assets acquired before and during the marriage are jointly owned by both spouses. This regime is applied in Finland, Denmark, and Colombia, among others.

Separation of property: each spouse retains full ownership of all assets acquired before and during the marriage. This is the default system in many countries, including Japan, Senegal, Malaysia, the United Arab Emirates (UAE), Morocco, Singapore, the Maldives, Gabon, and Mali.

Community of acquired assets (accrued gains): each spouse retains full ownership of assets acquired before the marriage. After the marriage, assets acquired by the couple become jointly owned and shared between both spouses. This regime is used in a large number of countries, including Ukraine, Thailand, Ivory Coast, the Philippines, France, Brazil, and Portugal.

Participation in acquired assets: during the marriage, each spouse retains ownership of their own assets (similar to the separation of property). However, in the event of a divorce, the community of acquired assets rules apply. A court will calculate the increase in each spouse's wealth accumulated during the marriage. If the balance is positive, the spouses share the value of that increase. If it's negative, only the spouse who incurred the loss bears it. This regime applies in Turkey, Germany, Greece, and Taiwan.

Separation with court-ordered distribution: each spouse retains their own assets during the marriage. In the event of a divorce, the courts divide the assets between the spouses. This system is used in Australia, New Zealand, Canada (except Quebec), and the United States (except in a few states).

Practical case: Can couples buy property in the Middle East?

The ongoing conflict in the Middle East has overshadowed the fact that, over the past several years, countries in the region have become increasingly attractive destinations for property investment. Historically off-limits to foreign buyers, real estate markets there have gradually opened up to non-nationals, though with certain conditions: purchases are restricted to designated areas, and couples may need to prove the legal status of their relationship.

Saudi Arabia was once among the strictest countries in this regard. Its initiative has eased some of these restrictions, allowing foreigners to purchase property in designated zones (as a primary residence or as an investment), subject to approval from the Real Estate General Authority (REGA), which has recently launched . REGA has also introduced , a platform through which foreigners can begin the property acquisition process, whether they are in Saudi Arabia or not. One important note: as a general rule, couples must have official legal status. Expats will be expected to be legally married and able to prove it.

Buying property as a couple in the United Arab Emirates (UAE)

A growing number of expats are drawn to the UAE, which is known for its relatively flexible rules toward foreign residents. The UAE has indeed relaxed its regulations around cohabitation for unmarried couples: since late 2020, it has been legally possible for unmarried couples to live together.

In Dubai, it is possible to purchase property (in a ) as an unmarried couple. However, the process is more complicated and offers less legal protection than it would for a civilly married couple. Take mortgage applications, for example: banks typically require proof of marriage before processing a joint loan application. A small number of banks do consider joint applications from unmarried couples, but only if both partners have stable, sufficient income. In addition, each partner must hold a valid residence visa.

Another key consideration is protecting your investment. Unmarried couples are advised to draw up a co-ownership agreement that complies with UAE law. The agreement should specify each partner's ownership percentage as well as their respective responsibilities, including financial contributions, repayment obligations, shared costs, and what happens in the event of a dispute or separation.

Tips for buying property abroad as a couple聽

Before launching into a property purchase abroad, confirm that your legal status allows you to do so.

Think through every scenario: what happens to the property in the event of a divorce or the death of one partner?

Draw up a marriage contract and specify which matrimonial regime you want to apply.

If you buy property without a marriage contract, the default system in place in that country will likely apply.

Write a will and clearly state what should happen to the property if one of you passes away.

Be cautious about taking out a joint mortgage. Borrowing together as a couple is not without risk.

As a co-borrower, you are generally committing to cover the full monthly repayments on your own if your partner defaults.