Cohabitation in Austria: Housing, Property and Inheritance in 2026

Many couples in Austria live together without marrying. However, a non-marital cohabiting relationship (nicht eheliche Lebensgemeinschaft) is largely an informal legal arrangement. This means there is considerably less automatic protection for housing, jointly acquired property and inheritance than there is for married couples.

What counts as cohabitation in Austria?

A cohabiting relationship generally exists when two unmarried people have lived together for a longer period in a shared residential, economic and sexual relationship. Sharing the same home is not essential: the relationship may still exist if the partners have different registered addresses because of work.

Cohabiting partners do not have the same obligations as spouses, such as a duty of fidelity or maintenance. The legal effects of a registered partnership (eingetragene Partnerschaft)—including rules on inheritance, maintenance and social insurance—do not apply to unmarried cohabitants. A registration form (Meldezettel) may help prove that the partners live together.

Rental housing: who can stay after the relationship ends?

The legal position depends on the basis on which you occupy the property:

• Both partners are main tenants (Hauptmieter): They have equal rights and obligations. If they cannot reach an agreement, a civil court decides, taking into account the urgency of the need for housing and the interests of any joint children.
• One partner is a subtenant or lives as the other partner’s tenant (Untermieter): The person’s position depends on the main tenant. If the main tenant ends the tenancy, the other partner cannot remain. The main tenant may be able to rely on more favourable grounds for termination.
• One partner lives in the other’s home without contributing to the costs: This is a gratuitous permission to use the home (Bittleihe, Prekarium).

A cohabiting partner cannot be added to a rental agreement without the landlord’s consent. Unlike spouses, unmarried cohabitants cannot ask a court to allocate the home to one partner. A dispute can therefore result in a deadlock.

Joint ownership of an apartment, house or land

Cohabiting partners can buy property together and can be registered in any chosen ownership proportions in the land register (Grundbuch).

• Condominium apartment: The partners can acquire joint apartment ownership through an owners’ partnership (Eigentümerpartnerschaft). In this situation, both are owners in equal shares, and neither can sell their own share without the other partner’s consent.
• Other property, such as a house or plot of land: Unmarried cohabitants cannot register a reciprocal prohibition on encumbrance and disposal. Either partner can therefore dispose of their own share without the other partner’s consent.

When the relationship ends, one partner can buy out the other, but only by mutual agreement. If no agreement is possible, either co-owner can bring an action for partition (Teilungsklage). The property is then divided or auctioned, with the proceeds distributed proportionally.

Furniture, savings, gifts and debts

There is no special statutory division rule for the assets of a shared household. Claims for repayment are governed solely by general contract law.

• Furniture and household items: The owner is generally the person who bought the item. This remains the case even if the other partner runs the household, unless a contract provides otherwise.
• Household work: There is no right to payment for this during the relationship. After separation, compensation can only be claimed on the basis of a cohabitation agreement.
• Bank accounts: The money belongs to the person whose name is on the account. A joint account can also be opened.
• Gifts: A cohabiting partner can only demand a gift back if the recipient committed a criminal offence or if the gift can be challenged because of a mistake.
• Loans: Each person is liable to the lender as a borrower or guarantor. If you make repayments on an item used by your partner, you may reclaim the instalments paid after separation, but not the earlier instalments.

Inheritance: what does a cohabiting partner receive?

Since 1 January 2017, a cohabiting partner is no longer treated as a stranger for inheritance purposes. However, as a statutory heir, the partner inherits only if no other statutory heir receives the estate. A cohabiting partner has no compulsory share (Pflichtteil) and, unlike spouses, cohabiting partners cannot enter into an inheritance contract (Erbvertrag).

A cohabiting partner can be named as a beneficiary in a will (Testament). However, the compulsory shares of the deceased’s descendants and spouse remain protected. The proceeds of a life insurance policy naming a cohabiting partner as beneficiary generally do not form part of the estate.

Housing after the partner’s death

• Remaining in the shared home for 1 year: The partners must have lived in a shared household for at least 3 years before the death. This is a statutory legacy.
• Entering into the rental agreement under the MRG: The surviving partner must have an urgent need for housing and must have lived in a shared household for at least 3 years, or must have moved into the property together with the deceased partner.
• Lifetime right to live in the deceased partner’s house or apartment: This is possible only if a free usufruct or right of residence was set out in a will.

Children of unmarried parents have exactly the same inheritance rights as children born within marriage. This requires acknowledgement of paternity (Vaterschaftsanerkenntnis) or a court determination of paternity.

Maintenance and social insurance

After separation, a cohabiting partner generally has no claim to maintenance. After the death of a cohabiting partner, there is no survivor’s benefit from pension or accident insurance.

However, a cohabiting partner may be covered under the insured person’s health insurance if they have lived in a shared household for at least 10 months and either run the household without payment or raise a child who lives in the shared household. The cohabiting relationship must be reported to the insured person’s health insurance provider.

Frequently asked questions

Does a cohabiting partner automatically inherit in Austria?

Only if no statutory heir receives the estate. A cohabiting partner can, however, be named as a beneficiary in a will.

Does a cohabitation agreement have to be in writing?

No, but a written agreement is recommended because it provides evidence of the arrangements. A notary or lawyer can prepare it. As a general rule, contracts are subject to fees.

What happens to jointly occupied housing if the partners cannot agree?

For a jointly rented home, a civil court decides. For a jointly owned house or plot of land, either partner can bring an action for partition.

Is a cohabiting partner entitled to a survivor’s pension?

No. A cohabiting partner is not entitled to a survivor’s benefit from the deceased person’s pension insurance. A survivor’s pension also cannot be derived from a maintenance agreement between cohabiting partners.

Practical steps for cohabiting couples

1. Check whether both partners are named on the rental agreement or registered in the Grundbuch.
2. Keep records of who bought furniture, household items and other significant property.
3. Set out arrangements for property, household work, loan repayments and separation in a written Partnerschaftsvertrag.
4. Make a will if you want your partner to benefit from your estate, while considering the compulsory shares of descendants and a spouse.
5. Consider whether a right of residence or free usufruct should be included in the will.
6. Check health insurance co-insurance eligibility and report the relationship to the insured person’s health insurance provider.
7. For significant property, inheritance or housing arrangements, obtain advice from a lawyer or notary.

Important: This article is based on information available online and does not constitute legal, medical or other professional advice. Use of this information is at your own responsibility. For advice specific to your situation, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at