A person living in a de facto union cannot be an heir to their partner's estate. Therefore, the only way the de facto partner can inherit is if there is a will, and in that will, the deceased person's explicit wish to use the available portion of the inheritance in favor of the partner is stated.
Even so, although the de facto partner is not an heir, they may continue to live in the family home.
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If the member who owns the house passes away, and the other does not have their own property, they may remain in the home for a period of five years if the union lasted less than five years.
If the union lasted more than five years, they may stay for a period equal to the duration of the union.
In exceptional cases, the judge may extend these periods.
Once this period has passed, the surviving partner may remain in the property, but as a tenant. They also have the right of first refusal in the event of a sale of the property. If the de facto partners are co-owners, the surviving partner retains the right to the house.
The surviving partner loses the right to reside in the house if:
- They do not live in the house for more than one year, unless the absence is due to force majeure.
- They acquire their own home within the same municipality as the family residence; in the case of Lisbon or Porto, this includes surrounding municipalities.
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