Cohabitation Agreement in Italy: How It Works and the FAMIT Card 2026

Introduction

A Cohabitation Agreement in Italy (in Italian, convivenza di fatto) is a legal tool that allows unmarried couples to formalize their relationship and obtain specific rights under Italian law 📄.
It is particularly relevant for mixed-nationality couples, where one partner is Italian or EU and the other is a non-EU citizen.

Introduced by Law No. 76/2016 (known as the Cirinnà Law), cohabitation provides legal recognition without marriage and, crucially, can allow a foreign partner to apply for the FAMIT residence card 🇮🇹.

This guide explains how cohabitation works in practice, how to register it at the Municipality, costs involved, and common mistakes to avoid.

What Is a Cohabitation Agreement (convivenza di fatto) in Italy

A Cohabitation Agreement exists when two adults:

• are at least 18 years old,
• are stably united by an emotional bond and mutual support,
• are not married or in a civil union with another person,
• are officially resident at the same address in the same Municipality.

It is a legal recognition of living together, without requiring marriage or civil union.

Who Can Register a Cohabitation Agreement

A very common scenario involves:

• a non-EU citizen living in Italy on a student residence permit 🎓,
• an Italian (or EU) citizen partner,
• both partners already registered at the same address.

In this case, cohabitation can be registered without changing the existing residence permit first, provided all formal requirements are met.

What You Need to Register a Cohabitation Agreement in Italy

To register a Cohabitation Agreement, you need:

• shared registered residence 🏡,
• an anagraphic declaration submitted to the Municipality,
• valid identity documents,
• proof that neither partner is married or in a civil union.

The declaration is filed at the Anagrafe Office of the Municipality where both partners are resident.

How to Register Cohabitation Agreement in Comune

The procedure is straightforward:

1. Complete the declaration of cohabitation signed by both partners.
2. Submit it to the Anagrafe Office of the Municipality.
3. The registry updates the family status certificate listing both as cohabiting partners.

Processing times vary by Municipality but usually take only a few days ⏳.

How Much Does a Cohabitation Agreement Cost in Italy

The registration itself at the Municipality is free 💡.

Additional costs may arise if:

• you sign a formal Cohabitation Agreement before a lawyer or notary,
• documents require sworn translation,
• certificates must be legalized or apostilled.

Costs depend on the complexity of the case and whether assets or property arrangements are involved.

Legal Registration of a Cohabitation Agreement

Beyond convivenza di fatto registration in Comune, partners may need a formal cohabitation agreement that clearly defines rights, obligations, and practical arrangements:

• sharing of expenses,
• residence arrangements,
• property ownership,
• consequences if cohabitation ends.

This agreement:

• must be drafted in writing,
• must be executed before a lawyer or notary,
• must be registered with the Municipality to have legal effect ⚖️.

It is optional, but highly recommended when assets are involved.

Rights Granted by a Cohabitation Agreement

Registered cohabiting partners gain:

• hospital and prison visitation rights,
• authority in medical decisions if a partner is incapacitated,
• succession in rental contracts,
• limited inheritance rights (if stated),
• legal protection of shared property.

Cohabitation Agreement and Foreign Partners

For non-EU citizens, cohabitation is particularly important.

By registering cohabitation with an Italian or EU citizen, the foreign partner becomes eligible to apply for the FAMIT residence card, a stable and long-term status ✅.

The FAMIT Residence Card Explained

The FAMIT card (Carta di soggiorno per familiare di cittadino UE) is granted to non-EU family members of Italian or EU citizens residing in Italy.

Requirements include:

• registered cohabitation,
• proof of the genuine relationship,
• valid passport,
• absence of serious criminal convictions.

Procedure:

• submit the postal kit,
• attend the Questura for fingerprints 👮,
• receive a residence card valid for 5 years.

After 5 years, a permanent residence card may be requested if cohabitation continues.

Differences from Marriage or Civil Union

• Marriage / Civil union: full spousal rights and automatic family protections.
• Cohabitation: fewer rights, but sufficient for FAMIT residence.

Cohabitation is often chosen as a flexible and faster alternative.

Advantages of a Cohabitation Agreement 🌍

• legal recognition without marriage,
• access to the FAMIT card,
• protection in medical emergencies,
• regulated property arrangements,
• ideal for international couples.

Common Mistakes to Avoid ❌

1. Not registering common residence
2. Assuming informal cohabitation is enough
3. Missing documents for FAMIT
4. Confusing cohabitation with citizenship rights
5. Delaying registration after moving in together

Practical Tips 💡

1. Register cohabitation immediately after moving together
2. Prepare documents carefully before filing
3. Consider a written agreement if assets exist
4. Seek legal support in complex cases
5. Treat cohabitation as a legal process, not a formality

Conclusion

A Cohabitation Agreement is a powerful legal tool for unmarried couples living in Italy.
For international couples, it provides stability, protection, and access to the FAMIT residence card, making long-term life in Italy legally possible.

Frequently Asked Questions About Cohabitation Agreements in Italy

Can a student visa holder register cohabitation with an Italian citizen?
Yes. A valid residence permit is sufficient to register cohabitation.

Does cohabitation give Italian citizenship?
No. Citizenship requires marriage or long-term legal residence.

Can cohabitation be cancelled by one partner?
Yes. One partner can request cancellation at the Municipality.

Can a foreign partner work with a FAMIT card?
Yes. The FAMIT card allows employment in Italy.

Is cohabitation valid for same-sex couples?
Yes. Italian law fully recognizes same-sex cohabitation.