Spouse vs De Facto Partner in Portugal: Inheritance and Family Home Rights

Marriage and `união de facto` are not the same legal status for inheritance.

Portuguese law gives a surviving de facto partner important protections.

But those protections do not automatically make the partner a statutory or compulsory heir in the same way as a spouse.

The central difference

Where Portuguese succession law applies, a spouse appears in the statutory heir classes and in the list of compulsory heirs.

A de facto partner does not automatically appear in those heir classes merely because the relationship qualified as `união de facto`.

That difference can completely change what happens on death.

Married spouse

A surviving spouse can have:

• a matrimonial-property share before inheritance
• statutory inheritance rights
• compulsory-heir protection
• family-home protections
• survivor/social rights

The exact inheritance share depends on which other heirs exist.

De facto partner

A surviving partner can have significant protections without automatically becoming an heir.

Those protections include:

• family-home habitation/use rights in the statutory conditions
• maintenance claim against the estate
• social-protection and survivor benefits under applicable regimes
• other rights granted by the união de facto legislation

This is not equivalent to being a compulsory heir.

Family home after death

The surviving de facto partner has specific protection under Lei 7/2001.

Where the deceased partner owned the family home, the survivor can generally remain with a real habitation right and use of the contents for:

• five years, or
• a period equal to the duration of the união de facto if it lasted more than five years

subject to statutory conditions.

A court can extend the period for equity in appropriate circumstances.

The right can also lapse if the survivor does not inhabit the home for more than one year, subject to the statutory exception.

There are additional rules where the partners co-owned the home.

Does a de facto partner inherit the house?

Not automatically because of the partnership.

Housing protection and inheritance ownership are different.

A person can have a right to remain in the home for a period without becoming owner of the deceased partner's share.

This distinction is critical when the deceased has:

• children
• parents
• siblings
• a will
• co-owned property

Maintenance from the estate

Portuguese Civil Code Article 2020 gives the surviving de facto partner a right to claim maintenance from the deceased's estate.

The statutory right has a two-year exercise period after death.

Again, this is a protection right, not the same thing as statutory heir status.

Can a will leave property to a de facto partner?

Yes, within the limits of the applicable succession law.

If Portuguese forced-heirship rules apply and the deceased has compulsory heirs, the will cannot use their protected share freely.

The disposable portion can be used to benefit the partner.

The same forced-heirship concept matters when planning for an unmarried partner.

Why a will matters more for unmarried couples

A married spouse already has statutory succession protections where Portuguese law applies.

A de facto partner does not have the same automatic heir status.

So unmarried couples often need more deliberate planning if they want the partner to receive ownership rather than only statutory protection rights.

That planning may include:

• will
• co-ownership
• beneficiary structures
• insurance
• family-home planning
• succession-law choice where available

Cross-border couples

For international partners, first determine which law governs succession.

Regulation 650/2012 can point to habitual residence at death or a valid nationality-law choice.

The applicable succession law determines beneficiaries and partner rights within its scope.

Spouse family-home rights are different

A married surviving spouse has a different statutory family-home framework, including Article 2103-A in ordinary Portuguese succession and a special framework in Article 1707-A for the statutory prenup waiver scenario.

Do not import those rules into união de facto.

Social protection is not inheritance ownership

A de facto partner may qualify for survivor pension or other social-protection benefits.

That does not mean the partner owns estate property.

Keep these questions separate:

• inheritance
• housing
• maintenance
• pension/social benefits
• ownership

When legal review makes sense

Review the position if:

• you are unmarried and own a home together
• one partner owns the family home alone
• either partner has children
• there is no will
• there is a foreign will
• you want the partner to inherit ownership
• you rely on a survivor pension
• assets are in several countries
• the couple may move countries

Need to compare marriage and união de facto for your estate plan?

We can map heir status, family-home protection, applicable succession law and the steps needed to protect the surviving partner.