Inheritance in de facto unions: how it works and what rights exist

Common-law unions are an increasingly common reality. Many couples live together for years, sharing homes, expenses, and even children, without ever having formalized a civil marriage.

However, when one member of the couple dies, relevant questions arise regarding the Inheritance rights, especially with regard to Inheritance in a de facto union.

Unlike legally married couples, the law does not automatically grant the surviving member of a de facto union the status of legal heir.

Therefore, it is essential to understand what the legislation says, what rights are effectively granted in the event of the partner's death, and how a partner can be prosecuted. Solicitor in divisions and inheritances It can help protect the interests of those who remain.

This article explains how inheritance works in common-law relationships, what happens in the absence of a will, what rights can be guaranteed, and what legal precautions to take.

What is a de facto union?

A de facto union is a situation in which two people, of different or the same sex, They live in conditions similar to those of spouses., for at least two years, in a lasting and stable manner, without being married to each other or to third parties.

This situation is legally recognized, namely in Law No. 7/2001, which regulates the protection of people living in de facto unions.

For legal purposes, a de facto union must be proven through a joint declaration, certificates and documentary evidence, which can be done through registration at the parish council or presentation of evidence in court, if necessary.

Is a partner in a de facto union an heir?

The big question about the Inheritance in a de facto union It's simple: does the surviving partner have inheritance rights?

The answer, according to the Civil Code, is no. The common-law partner it is not forced heir e does not have an automatic right to inheritance., unlike what happens with a spouse in a civil marriage.

This means that if there is no will nor any other legal provision, the surviving partner does not receive any share of the inheritance., This inheritance is then divided among the legal heirs — such as the children, parents, or siblings of the deceased.

What rights does a partner in a de facto union have?

Although not a legal heir, a partner in a de facto union may benefit from... some legal protections, provided that cohabitation is duly proven:

• Right to housing in family home, for a minimum period of five years after the death of the partner, if the partner resided in the property and it was part of the deceased's estate.

• Possibility of receiving survivor's pension, if the deceased was a beneficiary of Social Security or an equivalent scheme.

• Access to financial compensation, if you have contributed to the acquisition or enhancement of the common property

These rights do not replace inheritance, but aim to mitigate the negative patrimonial effects that the absence of marriage may represent.

How to guarantee inheritance rights in a de facto union?

The only way to guarantee that the partner in a de facto union is entitled to the inheritance it is through the elaboration of a will. The tester can leave it to the partner. available quota of their estate, that is, the part that is not legally reserved for the legitimate heirs (such as children or parents).

The available share varies depending on the existence of other heirs:

• If the deceased has children, the available share is... half of the inheritance

• If you only have a spouse or parents, the available quota is... one third

• If there are no legal heirs, it can be left to the deceased. the entirety of the assets

It is important to draft a will with the support of a lawyer specializing in estate division and inheritance to ensure its validity, clarity, and proper execution after death.

What happens if there is no will?

In the absence of a will, the partner in a de facto union is not called to the succession. The inheritance will be divided among the legal heirs, according to the order established by law.

For example

• If there are children, they inherit the entire estate.

• If there are no children, the parents or other ancestors inherit.

• In the absence of descendants and ascendants, siblings or nephews inherit.

• If there are no legal heirs, the inheritance is considered vacant and passes to the State.

The surviving partner may retain the right to temporary housing, but has no power over the remaining assets., which can lead to situations of great vulnerability.

Can a partner challenge the division of assets?

The partner in a de facto union it has no legitimacy for to challenge a division, unless they have been named as a beneficiary in a will or have rights to jointly owned property acquired during the relationship.

However, you can go to court to:

• To prove the existence of a de facto union.

• Claim compensation for financial contributions.

• Defending the right to housing

• To challenge the concealment of assets that were part of a joint effort.

In these cases, legal support is essential to prepare documentary evidence, gather testimonies, and ensure that the process respects the truth of the facts.

When can an inheritance be renounced?

If the common-law partner is named in the will, they are free to... accept or to reject the inheritance. O Repudiation of inheritance This can be an option when the assets involved do not compensate for the expenses, or when the aim is to avoid conflicts with the legal heirs.

The decision must be formalized by public deed or in the probate process, and is definitive and irreversible.

The role of the lawyer in property division and inheritance in common-law unions.

One Solicitor in divisions and inheritances It can play a decisive role in protecting the rights of a partner in a de facto union, especially when:

• There is no will, and the partner is not recognized as an heir.

• There is a need to prove the existence of the union.

• The partner intends to claim assets acquired through joint effort.

• There are heirs who dispute the right to housing or other benefits.

• It is necessary to draw up a will to ensure future protection.

The lawyer advises the client on the legal steps, gathers the necessary documentation, and acts as a representative in probate proceedings, negotiations, or legal action.

Conclusion

As Inheritance in a de facto union These remain one of the most fragile areas of inheritance law. Although prolonged cohabitation may give rise to certain rights, the law does not automatically recognize the surviving partner as a legal heir.

The only way to guarantee property rights in case of death is through... prior preparation, with a will or valid agreements, duly accompanied by specialized legal support.

Having an experienced lawyer is the best way to ensure that the partner in a de facto union is protected and that the decisions made today prevent injustices in the future.