Cohabitation Rights (Papirløst Samliv) in Denmark
Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Denmark does not have a comprehensive cohabitation law — unmarried partners (papirløst samliv) have far fewer automatic rights than married couples:
- No automatic property sharing: Each partner owns what they bought or earned. There is no community of property.
- Inheritance: Unmarried partners do not inherit automatically. You must write a will (testamente) to leave assets to your partner.
- Inheritance tax: If you do inherit via a will, the tax rate for unmarried partners is 36.25 % — far higher than the 0 % between spouses. After 2 years of cohabitation, this drops to 15 %.
- Pension: Many pension schemes allow you to name an unmarried partner as beneficiary — but you must actively register them.
- Housing: An unmarried partner has no automatic right to remain in a rented apartment after the other partner moves out or dies — the lease is in the tenant's name only.
When does it apply?
- You live with a partner without being married.
- You are planning finances, property purchases, or children with an unmarried partner.
What to Do If You Are Living with a Partner Without Being Married in Denmark
- Write a cohabitation agreement (samleveraftale) covering property, expenses, and what happens if you separate.
- Write a will (testamente) — without one, your partner inherits nothing.
- Register your partner as pension beneficiary with your pension provider.
- Consider joint ownership agreements for property purchases.
What should you NOT do?
- Don't assume you have the same rights as married couples — you do not, in almost any area of law.
- Don't buy property together without a written agreement — disputes over ownership are common and expensive to resolve without documentation.
- Don't forget the inheritance tax difference — without the 2-year cohabitation exception, the tax rate is punishing.
Common Questions
Do unmarried partners have the same rights as married couples in Denmark?
No. Denmark does not have a comprehensive cohabitation law, and unmarried partners (papirløst samliv) have far fewer automatic rights than married couples in almost any area. There is no automatic property sharing — each partner owns what they bought or earned — and no automatic inheritance rights. Don't assume otherwise.
Does my unmarried partner inherit from me automatically in Denmark?
No. Unmarried partners do not inherit automatically. You must write a will (testamente) to leave assets to your partner. The inheritance tax rate for unmarried partners named in a will is 36.25 percent — far higher than the 0 percent between spouses. After 2 years of cohabitation, the rate drops to 15 percent under Boafgiftsloven.
How do I protect my cohabiting partner in Denmark?
Write a cohabitation agreement (samleveraftale) covering property, expenses, and what happens if you separate. Write a will (testamente) — without one, your partner inherits nothing. Register your partner as pension beneficiary with your provider — many schemes allow this, but you must actively register. Use joint ownership agreements when buying property together.
When does it apply — cohabitation rights (papirløst samliv)?
You live with a partner without being married.You are planning finances, property purchases, or children with an unmarried partner.
What should I do to protect my rights as an unmarried partner living together in Denmark?
Write a cohabitation agreement (samleveraftale) covering property, expenses, and what happens if you separate.Write a will (testamente) — without one, your partner inherits nothing.Register your partner as pension beneficiary with your pension provider.Consider joint ownership agreements for property purchases.
What should you NOT do — cohabitation rights (papirløst samliv)?
Don't assume you have the same rights as married couples — you do not, in almost any area of law.Don't buy property together without a written agreement — disputes over ownership are common and expensive to resolve without documentation.Don't forget the inheritance tax difference — without the 2-year cohabitation exception, the tax rate is punishing.