Distinguish spouse rights.
Cohabiting partners are not automatically spouses in Austrian succession law. That is the central point for home and household goods.
Estate
Advance legacy for a cohabiting partner, why home and household goods are different
A cohabiting partner does not automatically receive the spouse advance legacy. Home, household goods, will and section 748 ABGB must be reviewed separately.
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Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
21 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 16 July 2026
Cohabiting partners are not automatically spouses in Austrian succession law. That is the central point for home and household goods.
The review starts with relationship status, any will and the common household. Then section 748 ABGB and other possible bases are assessed.
Advance legacy
Which track concerns the cohabiting partner?
This separates spouse rights, will and extraordinary succession.
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Which track concerns the cohabiting partner?
This separates spouse rights, will and extraordinary succession.
All paths at a glance
Overview of all answers.
Spouse advance legacy →
Review will and household.
Why the spouse advance legacy cannot simply be transferred
Secure access and inventory.
How to secure home and household goods in practice
Why the spouse advance legacy cannot simply be transferred
Why the spouse advance legacy cannot simply be transferred
The statutory advance legacy protects spouses and registered partners. For cohabiting partners the position is different, even after years in the same home.
Missing that distinction leads to overclaiming or overbroad objections. Both escalate disputes about keys, furniture and personal belongings.
What role will, household and care play
What role will, household and care play
A will may give the partner rights. Without a will, extraordinary succession, care, gifts and possession issues are separate tracks.
Registration, shared costs, care records, keys, inventory and correspondence show whether a claim can be asserted or resisted.
How to secure home and household goods in practice
How to secure home and household goods in practice
Before clearing or distributing items, clarify which things belong to the estate and which are personal. Unilateral steps create new conflict.
A written interim solution on access, insurance, running costs and personal items is often better than immediate escalation.
When settlement is realistic
When settlement is realistic
Settlement becomes realistic when everyone sees which rights exist and which points are emotionally understandable but legally weak.
For cohabiting partners, clear lists and sober valuation help more than a principle dispute about the relationship.
Cohabiting partners should not treat home and household goods as an automatic spouse right. Heirs should not clear the home or distribute items too quickly.
Frequent questions
Cohabiting partner, home and household goods
Does a cohabiting partner automatically have a right to stay? +
No. There is no automatic spouse-like right. The will, section 748 ABGB and specific agreements must be reviewed.
May the family clear the home immediately? +
That is risky. Ownership, personal items, estate assets, keys and preservation should be clarified in writing first.
Which evidence matters? +
Common household, cost contributions, care, will, keys, messages and inventory are especially important.
Read on
Related articles and focus areas
Cohabiting partner in a dispute
A will may give the partner rights. Without a will, extraordinary succession, care, gifts and possession issues are separate tracks.
Spouse advance legacy
The statutory advance legacy protects spouses and registered partners. For cohabiting partners the position is different, even after years in the same home.
Focus: Probate proceedings
Before clearing or distributing items, clarify which things belong to the estate and which are personal. Unilateral steps create new conflict.
Topics
Cohabiting partnerAdvance legacyHomeHousehold goodsExtraordinary succession
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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