Does cohabitation have the same rights as marriage in Slovenia?
Yes – between the partners, cohabitation generally has the same legal effects as marriage, and that is without any registration or a set number of years of living together. Under the Family Code this is a longer-lasting life union of two persons who have not married and where there is no reason that would make a marriage invalid. The law does not set how long it must last; what matters is that it is equal in substance to marriage. Since the Family Code amendment of 2023, same-sex cohabitation is treated equally too. The myth that "it only counts after three years" or that you must register it is false – the union is assessed on the facts, in each procedure separately. Toward third parties (for example in inheritance, pensions, taxes) it has effect where the law so provides – the Inheritance Act treats a cohabiting partner the same as a spouse for inheritance. Because there is no certificate, in a dispute the union must be proven.
📋 The rules
- Cohabitation is a longer-lasting life union of two persons who have not married; the law sets no minimum duration.
- Between the partners it has the same legal effects as marriage under the Family Code, for example regarding common property and maintenance.
- It arises with no registration or statement; the union is assessed on the facts, by the substance of the relationship.
- Toward third parties it has effect where the law so provides; for inheritance, a cohabiting partner is treated the same as a spouse.
- Since the Family Code amendment of 2023, same-sex cohabitation is treated equally.
🔓 Exceptions
- A union does not arise if there is an impediment that would make a marriage invalid (for example, one partner is already married).
- For some rights toward the state or third parties the union must be proven in the specific procedure, since there is no single register.
- A short-lived or occasional relationship without the features of a lasting life union does not count as cohabitation.
⚠️ Penalties & fines
Cohabitation is not an offence and is not punished, but it brings legal effects that surprise many. Because there is no register, in inheritance, a pension or a dispute the union must first be proven with witnesses and evidence, which after a partner's death is often difficult and slow. Property acquired through work during the union counts as common property, so on separation it is divided just as for spouses, including any shared debts. For social rights and child benefit the partners are counted together, so joint income can reduce or remove entitlement. If a partner dies without a will, the cohabiting partner does inherit like a spouse, but only if the union is proven – otherwise the estate passes to other heirs. The very absence of paperwork is the biggest trap: the rights exist, but they must be proven, which many realise too late.
📎 Official sources
- PISRS · legislation register (Family Code, Article 4 – cohabitation) →
- e-uprava · cohabitation (zunajzakonska skupnost) →
- PISRS · Inheritance Act (inheritance by a cohabiting partner) →
❓ Frequently asked
How long must cohabitation last?
The law sets no minimum number of years, because what matters is that the union is equal in substance to marriage. It is assessed on the facts in each procedure separately, so even a relatively short but genuine life union can be recognised.
Do I have to register cohabitation anywhere?
No, no registration or statement at an office is needed for cohabitation to arise. That is exactly why its existence must later be proven in inheritance or a dispute, since there is no single official register of such unions.
Does a cohabiting partner inherit?
Yes, the Inheritance Act treats a cohabiting partner the same as a spouse for inheritance. If a partner dies without a will, the cohabiting partner inherits like a spouse, but must prove the union in the probate procedure.
Is same-sex cohabitation treated the same?
Yes, since the Family Code amendment of 2023 same-sex cohabitation is treated equally to different-sex cohabitation. The partners have the same legal effects between them as spouses, again without any special registration.
How do I prove cohabitation exists?
The union is proven through circumstances such as a shared address, a shared household, the durability of the relationship and appearing outwardly as a couple. In a procedure this is shown with witnesses, residence certificates and other evidence, since there is no single certificate of the union.
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