Luxembourg
1. Does your national regulation provide for the possibility of registering a partnership?
The article 3 of the amended law of the 9th of July 2004 about legal effects of certain partnerships, provides the possibility to register a partnership.
1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?
Yes, the above mentioned law provides anyway partnership for two people of the same sex/gender or of a different sex/gender.
2. Is there a statutory property regime for partnerships whether registered or not?
Yes, despite the fact that the parties can provide the patrimonial effects of their partnership in a convention (which has to be mentioned in the partnership declaration), the above mentioned law provides a statutory property regime in some points, in the same way as a married couple (mutual material assistance, common disposal of the rights that affect the common residence, etc.)
3. And are there any restrictions on the freedom to establish a property regime?
No, in some points, the partners can conclude a convention between them. See answer to question 2.
4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?
Yes, the above mentioned law provides that the partners who come from another member state or from a third state and have registered their partnership abroad, have the possibility to ask for their partnership to be registered in the national register and in the civil inventory (where the national partnerships are registered), if the partners respected some conditions at the date of their partnership. So that it produces its effects in the territory of Luxemburg.
5. Does the dissolution of a non-marital partnership produce succession effects?
Yes, the above mentioned law provides that the partnership can end through the death of one of the partners, who can also provide a will in case of death.
5.1 Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?
Yes.The above mentioned law doesn’t mention the possibility to register the right to family home in case of death or breakout, but it provides that one of the partners can introduce a request to the court within the 3 months of the breakout (or by death) of the partnership, which fixes the urgent and temporary measures needed after the breakout, including the occupation/benefit of the common residence. The validity of such measures is maximum 1 year.
