Cohabitation and Concubinage: What Rights Do You Have?

Living together in Mauritius does not, by duration alone, create a common-law marriage or place a couple under a matrimonial property regime. Unmarried partners may nonetheless have legal interests arising from a deed, a lease, a contract, parenthood, succession planning or domestic-violence legislation. The mistake is to treat recognition for one purpose as if it creates every right of a spouse.

Does Mauritian law recognise cohabitation?

Mauritian statutes recognise cohabiting relationships selectively. Under the Protection from Domestic Violence Act 1997 as amended in 2016, “spouse” includes an opposite-sex couple living or formerly living together as husband and wife, as well as opposite-sex parents of a common child whether or not they lived together. A separate provision allows a protection order against a non-spouse living under the same roof.

That protective definition does not solemnise a marriage, create a community of property or turn one partner into the other’s intestate heir. Marriage is a civil-status event with legal consequences under the Code Civil Mauricien; concubinage is a factual relationship whose effect depends on the particular rule being applied. Check the wording of the relevant deed, statute or benefit scheme instead of relying on the label “partner”.

Property bought together while cohabiting

For immovable property, the notarial deed is the essential starting document: it identifies the registered owner or co-owners and may record their shares. A housing loan answers a different question—who owes the lender. Paying instalments on a loan, paying household expenses and holding title are not interchangeable, so both the acquisition deed and finance documents must be read together.

Suppose a couple in Curepipe buys a house in one partner’s name, but the other transfers money each month and pays for an extension. Bank transfers, invoices, messages about the purpose of payments and the building contract may be evidence, but they do not silently rewrite the title deed. Advice is needed before asserting a proprietary, contractual or reimbursement claim, especially if the lender or a registered co-owner is not part of the relationship.

Children of unmarried parents

The Children’s Act 2020 makes a child’s best interests paramount and treats custody, contact, guardianship and contribution to maintenance as parental responsibilities and rights. Those principles do not disappear because the parents never married. Parentage and the child’s civil-status record must, however, be clear before an adult assumes that biological, legal and practical roles are identical.

On separation, distinguish the adult property dispute from arrangements for the child. A school schedule, medical needs, handover plan and child-maintenance record address the child’s situation; they should not be used as leverage over ownership of furniture or a house. Further detail appears in our guide to children born outside marriage.

Maintenance claims between cohabitants

The Code Civil’s marital duties and post-divorce maintenance rules are framed for spouses. An unmarried adult should therefore not assume that financial dependence during cohabitation produces the same personal maintenance claim available in matrimonial proceedings. A written loan, employment arrangement, jointly owned asset or other proved obligation may raise a different legal issue, but it requires its own basis.

Child maintenance is distinct. It concerns the parents’ contribution to the child’s needs and is not payment to compensate an ex-partner for the relationship ending. Keep proof of school, health, transport and ordinary living costs separate from claims concerning the adults’ debts or property.

Domestic violence protection for cohabitants

The current 1997 Act offers protection within the relationship categories described above and uses District Court protection, occupation and tenancy orders. Someone in immediate danger can contact the police, the Police Family Protection Unit or domestic-violence hotline 139, then obtain guidance on a protection-order application.

The Domestic Abuse Act 2026 has been enacted with a wider “related person” definition covering current or former marriage-like or partnership-like relationships, intimate relationships without required cohabitation, people with a child together, household members and family members. It was not yet proclaimed by late August 2026, so those expanded procedures must not be presented as available now. Until Proclamation, use the 1997 Act route and confirm the operative position before filing.

Inheritance and the surviving partner

The Code Civil’s intestate provisions confer rights on a surviving spouse; an unmarried partner should not assume that description includes them. A jointly owned asset does not wholly enter one partner’s estate, but the deceased’s share still has to be dealt with under succession law. Ownership records, loan balances, nominated benefits and the existence of descendants or other heirs all affect the practical picture.

A will can be important, but Mauritius has reserved-heirship rules that may restrict what can be left freely. Do not use a home-made promise or a partner’s access to an online account as a substitute for a valid testament and orderly estate planning. Our explanation of making a will in Mauritius identifies the records a notary or legal adviser will need.

Protecting the arrangement in writing

Before purchase, record the intended owners and shares in the notarial process, decide who is responsible for the loan, and keep proof of each capital contribution. For rented property, both names on a clear lease may avoid a later argument about who may remain and who owes rent. Inventory valuable movable property and keep receipts where ownership is likely to matter.

A cohabitation agreement can record expense-sharing, personal debts and what the couple intends on separation, but its enforceability and required form depend on its content; it cannot override mandatory property or succession rules. Each person should understand the document before signing. If abuse affects occupation, a safety order—not a private agreement—may be the urgent route; see the distinction between occupation and tenancy orders.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.