I live in a de facto union — do I have the same rights as marriage?
Conditional: a de facto union grants real rights, but it's not equal to marriage — and the partner is not an heir. The basis is Law 7/2001. It requires living "as spouses" for more than 2 years, with no impediments and both 18+. It's proved with a declaration from the Junta de Freguesia. It grants joint IRS filing, protection of the family home and, in social security, a survivor's pension and death benefit (with 2+ years at the date of death). There's stamp-duty exemption on inheritances/gifts between partners. BUT the partner is not a legal heir: without a will, they don't inherit the assets. In short: many rights, but inheritance needs a will.
📋 The rules
- Living "as spouses" for more than 2 years
- Proof: Junta de Freguesia declaration
- Right to joint IRS and to the family home
- Social security: survivor's pension
- Not a legal heir — inheritance only by will
🔓 Exceptions
- Without a will, the partner receives nothing of the estate
- No property regime or automatic alimony between ex-partners
- Contested dissolution may need a judicial declaration
⚠️ Penalties & fines
There's no "fine" — these are rights, not sanctions. The big limit is inheritance: the partner is not a forced or legal heir, so, without a will, they don't receive the assets (only protection of the family home for a limited time). There's a stamp-duty exemption (otherwise 10%) on transfers between partners, equivalent to spouses'. Beware the biggest Brazil confusion: Brazil's "união estável" gives the survivor strong, almost spouse-like inheritance rights; in Portugal a de facto union does NOT give an automatic right to inherit. To protect yourself: get the Junta declaration, opt for joint IRS and, above all, make a will to secure the inheritance for your partner.
📎 Official sources
- Law 7/2001 — de facto union →
- Social Security — survivor's pension →
- DECO — de facto union and inheritance →
❓ Frequently asked
How long do I need to be in a de facto union?
You must live in conditions analogous to spouses for more than two years, with no legal impediments and both partners of age. From those two years, and with proof, various rights apply, namely tax, social-security and family-home protection rights.
Does my partner inherit my assets?
Not automatically. This is the most important difference from marriage: the de facto partner isn't a legal or forced heir, so, without a will, they don't inherit your assets. They only have the right to remain in the family home for a limited period. To inherit, a will is needed.
How do I prove the de facto union?
The most common way is a declaration issued by the Junta de Freguesia of your residence, attesting that you've lived in a de facto union for more than two years. For tax purposes, the Tax Authority may also presume the union from two years with the same declared tax domicile.
Can I file IRS jointly?
Yes. De facto partners can opt for joint IRS taxation, like a married couple, provided they meet the conditions, namely the same tax domicile for more than two years. It's an option made in the return and may or may not be advantageous, depending on each one's income.
Is a de facto union the same as marriage?
No. Although it grants important rights, a de facto union isn't equivalent to marriage. The biggest differences are in inheritance, where the partner isn't an heir without a will, and in the absence of a property regime. It's a myth, often from Brazil, to think a de facto union gives the same inheritance rights.
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