Is a surviving cohabitant an heir or estate beneficiary? Division of marital property, inheritance, and estate inventory
Share
Fact check completed: October 1, 2026 · The Cohabitation Act and the Inheritance Code
A surviving cohabitant is not a legal heir simply because the couple has been cohabiting. However, the cohabitant may be an estate participant through their right to property division and may also become an estate participant as a universal legatee.
Cohabitants do not inherit from each other automatically
The legal order of succession in the Inheritance Code does not grant cohabitants the same right of inheritance as spouses. If the deceased has not made a will in favor of the cohabitant, the estate, following any property division, will pass to the deceased's legal heirs.
It is therefore important to distinguish between the right to property division, estate participation, and inheritance rights. They are not the same thing.
Surviving cohabitant's right to request property division
According to Section 18 of the Cohabitation Act, in the event of death, only the surviving cohabitant has the right to request a property division. The deceased's heirs cannot, therefore, demand a cohabitation property division against the survivor's wishes.
According to Section 8, this request must be made no later than when the estate inventory is performed. It is therefore inadvisable to postpone the matter until after the estate inventory is completed.
What can be included in the property division?
Only cohabitation property: the joint home and household goods acquired for joint use, with exceptions provided by law and any cohabitation agreement. Bank funds, stocks, cars, and other property are not included simply because the couple were cohabitants.
If the cohabitants have drafted a valid cohabitation agreement stating that no property division shall occur, or that certain property shall be excluded, this will affect the scope of the property division.
The small price base amount rule
When a cohabitation relationship ends due to death, the surviving cohabitant has the right, under Section 18, second paragraph, to receive such an amount from the distribution of the cohabitation property, to the extent that the property is sufficient, so that the survivor's share equals two price base amounts.
This is a protection for property division from the cohabitation property – not a general inheritance right to two price base amounts from all of the deceased's property.
When is the cohabitant an estate participant?
The Swedish Tax Agency's legal guidance indicates that a surviving cohabitant can be an estate participant through their right to property division. The circle of estate participants may change once the property division has been completed or when it is clear that no property division will take place.
If the cohabitant is also a universal legatee – for example, if the entire estate or a share of it has been bequeathed to them – the cohabitant may be an estate participant on that basis. However, someone who only receives a specific item or amount as a specific legacy is not an estate participant for that reason alone.
Examples
Example 1: no will, property division requested
Eva and Fatima are cohabitants. Eva passes away. Fatima requests a property division no later than at the estate inventory. Fatima then participates in the management of the estate in her capacity as a surviving cohabitant with a right to property division. After the property division, she does not automatically inherit Eva's remaining property.
Example 2: no will and no property division
If Fatima does not request a property division and is not a beneficiary of a will or an heir, there is no automatic right of inheritance that makes her a participant in the estate.
Example 3: will in favor of the cohabitant
If Eva has made Fatima a universal legatee through a valid will, Fatima may become an estate participant on that basis as well. However, the statutory share of forced heirs may limit what the will ultimately provides.
Cohabitation agreements and wills serve different purposes
A cohabitation agreement can opt out of all or parts of the cohabitation property division. A will can grant the cohabitant the right to the estate after the death. Thus, they do not replace each other.
There may also be a conflict of goals: a cohabitation agreement that completely eliminates property division may reduce the financial protection that would otherwise have followed from the Cohabitation Act's property division rules. The documents should therefore be viewed together.
What should be included in the estate inventory?
Which assets and liabilities are to be recorded and who should be summoned to the estate inventory depends, among other things, on whether a property division is to take place. If the surviving cohabitant requests a property division, this should be documented in connection with the estate inventory.
Checklist when a cohabitant passes away
- Determine whether the home or household goods are cohabitation property.
- Check if a cohabitation agreement exists.
- Decide before the estate inventory if the survivor should request a property division.
- Check if a will exists and what type of provision the cohabitant has received.
- Identify the deceased's legal heirs.
- Consider any statutory share for forced heirs.
- Document the request for property division and the circle of estate participants correctly.
Also read what happens without a will and what a cohabitation agreement can regulate.
The store's Cohabitation Agreement Template – Word/PDF costs 49 SEK. For inheritance issues, there is also a Will Template – Word/PDF for 49 SEK. The documents fulfill different functions and should be adapted to the family situation.
