Register of Declarations of Cohabitation

The Register of Declarations of Cohabitation certifies that those who made a statement to the effect that they live in cohabitation and had such declaration recorded into the Register do live in cohabitation. The Register of Declarations of Cohabitation is maintained by the Hungarian Chamber of Civil Law Notaries subject to statutory authorisation and is administered by the notaries.

By offering the possibility of making a declaration on cohabitation the State enables those living in partnership to make a joint statement on the existence of their partnership before a notary, which authentically testifies the existence of such partnership until there is proof as to the contrary.

The procedure to record statements on cohabitation may be initiated by the mutual request of adult partners. A declaration as to cohabitation may only be made personally. In case of a joint request the jurisdiction of the notary is established by the domicile or place of residence of either of the partners.

The applicants have to make a declaration to the effect that they live in a partnership with each other under the Civil Code.

The fact of such declaration is entered into the IT database operated by the MOKK, which entry creates a rebuttable presumption. The notary issues a decree on making an entry into the Register of Declarations of Cohabitation, which has the same effect as a binding court judgement. Evidence is not admissible in the procedure.

The Register will attest the existence of the partnership solely from the time of registration; it is not possible to make a statement with retrospective effect. The Register of Declarations of Cohabitation retains data for 100 years from the date of making the entry on the existence of cohabitation.

In the event the partnership no longer exists, it is sufficient if one of the partners makes a statement to this effect before a notary, and subject to the unilateral application an entry is made on such statement.

Upon request the notary issues a certificate to certify the data of a person registered in the Register, or for the person not registered to certify that he/she has not been entered into the Register.