In Ukraine, millions of couples live together for years without registering their marriage, yet they remain largely unprotected under inheritance law. Denis Nagornyuk, managing partner of the AXIOS PARTNERS law firm, explained to RBC-Ukraine exactly how the law interprets the rights of cohabitants and what they need to do to avoid losing a deceased partner's property.
Fourth in line: where a cohabitant stands in the order of heirs
The key point Nagornyuk emphasises is that a cohabitant is not included in the first order of statutory succession. The deceased's official spouse, children and parents take priority. A person who lived as part of the same household as the deceased for at least five years before the estate was opened falls into the fourth order. This means the property will pass to the cohabitant only if there are no heirs in the first three orders or if they have not accepted the inheritance.
Five years is no guarantee: court proceedings may be required
The mere fact of a long-term shared residence does not mean the partner will automatically receive the property. To inherit under the fourth order, it is necessary to documentally prove that the couple genuinely lived as one household for at least five years. In practice, this may require a separate court proceeding to establish the fact of cohabitation, which takes time and demands a body of evidence as well as financial costs for lawyers and expert assessments.
A will — the most reliable tool of protection
The most reliable way to protect a partner's inheritance rights in advance, the lawyer says, is to draw up a will. If the testator expressly states in the will that the property is to be transferred to the cohabitant, the latter will be included among the heirs regardless of the order of succession. Nagornyuk stresses: "This is significantly cheaper and simpler than years of litigation after the relationship ends or after one of the partners dies."
Survivor's pension: another complex area
A separate issue arises with the pension for loss of a breadwinner. The general rule grants this right to non-working family members who were dependent on the deceased. For official spouses, there is no need to prove marital status — a marriage certificate is sufficient. For cohabitants, the procedure is substantially more complex: they must prove the fact of cohabitation, dependency and incapacity to work. The absence of an official marriage can significantly complicate, and even make impossible, the receipt of this pension.
Practical recommendations for unregistered couples
According to Nagornyuk, the greatest legal risks for couples living without a registered marriage concern three areas: property, inheritance and social guarantees. The expert recommends that couples who have lived together for a long time settle their property relations in advance, document major acquisitions (real estate, vehicles, business) in the names of both partners or with specified shares, and draw up a will to protect inheritance rights. RBC-Ukraine previously reported that, in the event of a breakup, dividing cohabitants' property may require court proceedings in which the fact of cohabitation and participation in acquiring or improving the property must be proven.
Important: this material is for informational purposes only and does not constitute legal advice. If you require legal assistance or an interpretation of the law, it is recommended to consult a qualified lawyer.
