By a decision dated 17 December 2025¹, the Supreme Court of Cassation (SCC) allowed the acquisition of a partner’s real estate by prescription in cases of de facto cohabitation. De facto cohabitation refers to a situation in which two individuals (a man and a woman) live together, may or may not have children, and generally cohabit as spouses, without having entered into a formal marriage.
In such cases, the cohabitation usually takes place in a property owned solely by one of the partners. The other partner has no legal rights to the property and performs what are referred to as “tolerated acts” – acts that do not constitute continuous exercise of factual control over the property.
However, in its decision, the Supreme Court of Cassation allows such tolerated acts to evolve into possession, which in turn constitutes legal grounds for acquiring ownership of the other partner’s property after the expiration of a ten-year period.
What is possession and how does it differ from tolerated acts?
Possession is a factual condition characterised by two main elements: animus domini (intention to own) and the exercise of factual control over the property. The intention to own requires the possessor to clearly demonstrate, both to their partner and to third parties, that they consider themselves the owner of the property. The exercise of factual control implies that the possessor actually holds the property – in the case of real estate, by using it, residing in it permanently, continuously, and peacefully.
Once these conditions are met, a ten-year prescription period begins to run in favour of the possessor, upon the expiry of which ownership of the property or an ideal share thereof (e.g. 1/2) is acquired.
How do tolerated acts evolve into possession?
According to the SCC decision, actions such as reconstruction of the property, making improvements, furnishing it, and taking care of the common areas of the building (including being elected as building manager) constitute a demonstration of intention to own. These actions go beyond the tolerated acts typical of ordinary cohabitation and may be interpreted as an indication that possession has been established.
The above may occur both where ownership is registered in the name of one partner only and where the property is co-owned, having been acquired with the partners’ joint funds.
Consequences
The SCC decision constitutes a departure from previous case law on the matter, which held that where de facto cohabitation exists, it is impossible to establish possession over a partner’s property and that all acts related to its use qualify as tolerated acts.
Nevertheless, the decision also entails a number of risks and potential for abuse, which warrant particular caution. Ownership by prescription is acquired automatically, without the need for special court proceedings to establish it. This also affects transactions concluded after the prescription period has elapsed, as the partner in possession may assert ownership rights over the property.
Decision No. 755 of 17 December 2025 in Civil Case No. 3311/2024 of the Supreme Court of Cassation, Civil Chamber I.
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