Cohabitation vs. Marriage: Property and Inheritance Realities in 2026

In Hungarian society, even in 2026, the persistent misconception endures that a cohabitation partnership automatically attains the same legal status as marriage after a certain period of time. The Civil Code (Ptk.) draws a sharp dividing line between the two legal institutions, the substantive legal consequences of which often become painfully apparent only when the partnership dissolves. Below we examine the actual legal differences, common misconceptions, and available legal protection tools under the applicable legislation.

The Legal Framework of Both Institutions

Applicable Sources of Law

• Act V of 2013 — the Civil Code (Ptk.)
  • Book Four (Family Law): matrimonial property law (Sections 4:34–4:85), cohabitant maintenance (Sections 4:86–4:91), cohabitants’ housing use (Sections 4:92–4:95)
  • Book Six (Law of Obligations): property relations of cohabitants (Sections 6:514–6:516)
  • Book Seven (Law of Succession): intestate succession (Sections 7:55–7:73)
• Act XXIX of 2009 — on the Registry of Cohabitation Declarations
• Act CXXX of 2016 — on Civil Procedure (Pp.) — rules of evidence (Pp. Sections 263–340)

Property Law: Community vs. Separation

Spousal Community of Property

The default property law regime of marriage is community of property (Ptk. Section 4:37): assets acquired during the marital partnership — with specified exceptions — constitute joint property, regardless of which spouse acquired them. Joint property belongs to the spouses in equal shares.

Exceptions from the community of property (Ptk. Section 4:38):

• Assets acquired before the marriage (separate property)
• Assets acquired by inheritance or gift
• Personal items of customary value
• Assets acquired from the value of separate property and the income of separate property

Spouses may opt for a different property regime through a matrimonial property agreement (Ptk. Sections 4:63–4:74) — in the form of a notarial deed.

Cohabitant Property Separation

For cohabitants, the default principle is property separation (Ptk. Section 6:515): assets acquired during the cohabitation belong to the cohabitant who acquired them.

Key rules governing cohabitants’ property relations:

1. Default property separation — absent a contract, each cohabitant acquires their own property (Ptk. Section 6:515(1))

2. Joint acquisition — where cohabitants jointly acquired an asset, they are entitled to it in proportion to their contribution (Ptk. Section 6:515(2)). Contribution includes:

   • Financial contribution (income, savings)
   • Running the household
   • Raising children
   • Assistance provided to the other cohabitant’s activities

3. Cohabitant property agreement — cohabitants may regulate their property relations by contract (Ptk. Section 6:516), including the option to adopt the rules of spousal community of property

The Burden of Proof

The practical consequence of property separation: when the partnership ends, the cohabitant claiming a share of jointly acquired property must prove their contribution and its extent. Evidence proceeds under the general rules of the Civil Procedure Act (Pp. Section 265).

Courts consider:

• Bank statements and financial records
• Land registry data
• Proof of investment contributions
• The value of household work and child-rearing (case law recognises these as forms of contribution to acquisition)

Witness testimony remains a fully valid form of evidence under the Pp. (Pp. Sections 291–297). However, under the principle of free evaluation of evidence (Pp. Section 279), courts typically attribute greater evidentiary weight to documentary evidence.

Cohabitant Maintenance

Maintenance Obligations (Ptk. Sections 4:86–4:91)

Upon termination of the cohabitation, a cohabitant may claim maintenance from the former partner if:

• The partnership lasted at least one year and the cohabitants have a common child, or
• The partnership lasted at least ten years

Conditions for maintenance (Ptk. Section 4:86(2)):

• The entitled party is unable to support themselves through no fault of their own at the time the partnership ends
• The obligated party is able to provide maintenance without compromising their own necessary support

Extent of maintenance (Ptk. Section 4:87): the amount that covers the entitled cohabitant’s justified needs, having regard to the financial circumstances and earning capacity of both parties and the duration of the partnership.

Limitations on Cohabitant Maintenance

• The court awards maintenance for a fixed term — not exceeding the duration of the partnership (Ptk. Section 4:88(1))
• Maintenance ceases if the entitled party marries or enters a new cohabitation (Ptk. Section 4:88(2))
• A cohabitant unworthy of maintenance forfeits their claim (Ptk. Section 4:89)

Housing Use Arrangements for Cohabitants

Rules Under Ptk. Sections 4:92–4:95

An important protection not mentioned in the original text: upon termination of cohabitation, rules on arranging housing use apply (Ptk. Sections 4:92–4:95).

Where the partnership lasted at least one year and the cohabitants have a common child:

• The court may arrange housing use taking into account the interests of the common child (Ptk. Section 4:92)
• The regulation applies the provisions on spouses’ housing use (Ptk. Sections 4:77–4:85) mutatis mutandis in the interest of the common child

This is a particularly important protection when the dwelling belongs to the other cohabitant but the common child is being raised there.

Inheritance Law Differences

The Most Significant Difference: Cohabitants Have No Intestate Succession Rights

Under Book Seven of the Ptk. (Law of Succession):

Spousal inheritance (Ptk. Section 7:58):

• The surviving spouse receives a lifelong right of usufruct over:
  • The dwelling jointly occupied with the deceased and its furnishings
  • Movable property belonging to the common household
• The spouse inherits alongside descendants — the usufruct extends to the entire estate alongside the heirs in ownership (descendants)
• If there are no descendants: the spouse inherits as owner (Ptk. Section 7:60)

Cohabitant inheritance — no intestate succession:

• The Ptk. does not list cohabitants among intestate heirs
• Without a will, the cohabitant has no inheritance claim whatsoever
• The estate passes to descendants, parents, grandparents, and ultimately the state under the intestate succession order

The Practical Consequence

If a cohabitant dies without a will:

• The surviving cohabitant does not inherit — neither usufruct nor ownership share
• The deceased’s blood relatives (children, or if none, parents, etc.) receive the entire estate
• The heirs may lawfully require the cohabitant to vacate the shared dwelling — provided it was the deceased’s property or exclusive tenancy
• A partial exception: the housing use protection under Ptk. Sections 4:92–4:95, if there is a common child and the partnership lasted at least one year

Protection Tools for Cohabitants

1. Will (Ptk. Sections 7:12–7:48)

A cohabitant may be designated as heir, legatee, or beneficiary of a testamentary charge in a will. Forms of wills:

• Private written will — the most common form (Ptk. Sections 7:17–7:28)
• Notarial will — the most secure form (Ptk. Sections 7:13–7:16)

Important limitation — the compulsory share (Ptk. Sections 7:75–7:82): descendants, the spouse, and parents are entitled to a compulsory share equal to one-third of their intestate inheritance share (Ptk. Section 7:82). If the testator has children, a will favouring the cohabitant cannot infringe on the children’s compulsory share.

2. Inheritance Contract (Ptk. Sections 7:48–7:51)

The testator and the cohabitant may conclude an inheritance contract, under which the cohabitant undertakes to maintain and care for the testator, and the testator designates the cohabitant as heir.

3. Registry of Cohabitation Declarations (ÉNYNY)

Under Act XXIX of 2009, cohabitants may file a declaration with the Registry of Cohabitation Declarations:

• Registration is declarative — the cohabitation exists from the actual commencement of the partnership, not from registration
• ÉNYNY registration creates a rebuttable presumption of the existence of the cohabitation
• Registration is useful for evidentiary purposes — in disputes, cohabitant status need not be proven by other means
• It does not replace a will — registration alone does not create inheritance rights

4. Cohabitant Property Agreement (Ptk. Section 6:516)

Cohabitants may regulate their property relations by contract:

• The contract may adopt the rules of spousal community of property
• The contract must be in writing
• The contract is effective against third parties only if registered in the Registry of Cohabitant Property Agreements maintained by the Hungarian National Chamber of Notaries

Practical Advice

For Cohabitants

1. Prepare a will — if you wish your partner to benefit from your estate, a will is the only reliable tool; notarial wills offer the greatest security
2. ÉNYNY registration — provides officially authenticated proof of the cohabitation; also useful for asserting maintenance and housing use claims
3. Property agreement — particularly warranted for significant joint investments (property purchase, business) to regulate property relations in advance
4. Document contributions — preserve bank statements, investment receipts, and other records for future evidentiary purposes

For Cohabitants with Children

1. Know the housing use protection — if the partnership lasted at least one year and there is a common child, the protection under Ptk. Section 4:92 applies
2. Maintenance claim — a cohabitation exceeding one year with a common child may establish a maintenance claim (Ptk. Section 4:86)

Summary Comparison

Issue	Marriage	Cohabitation
Default property regime	Community of property (Ptk. 4:37)	Property separation (Ptk. 6:515)
Inheritance rights	Intestate heir (Ptk. 7:58)	Not an intestate heir
Maintenance	Spousal maintenance (Ptk. 4:29)	Conditional (Ptk. 4:86)
Housing use	Protection (Ptk. 4:77–4:85)	Limited protection (Ptk. 4:92–4:95)
Property agreement	Notarial deed (Ptk. 4:65)	Written form (Ptk. 6:516)

The legal differences between cohabitation and marriage do not automatically disappear with the passage of time — regardless of the duration of cohabitation. Conscious legal planning — a will, a property agreement, ÉNYNY registration — is the only means of preventing vulnerability.