Legal Status of Cohabitation in Estonia
In the Estonian legal system, the term "common law marriage" does not exist as a legally recognized status. Unlike marriage, which is governed by the Family Law Act (Perekonnaseadus), cohabitation does not automatically create joint property or mutual maintenance obligations. Legally, cohabiting partners are considered independent individuals.
Property and Inheritance
Since the marital property regime (PKS § 24) applies only to married couples, property acquired during cohabitation belongs to the person in whose name it is registered or who purchased it. If property is acquired jointly, it is treated as co-ownership under the Law of Property Act. Crucially, a cohabiting partner is not a statutory heir under the Law of Succession Act (§ 16). To ensure your partner inherits your assets, a notarized will is mandatory.
Rights of Children
Children born in a cohabitation enjoy the same legal protections as those born within a marriage. According to the Family Law Act, both parents have equal rights and responsibilities toward their children, regardless of their marital status. Paternity is established either through voluntary acknowledgment or via court proceedings.
The Cohabitation Agreement
Partners may enter into a Cohabitation Agreement (Kooseluleping), which regulates their property relations and mutual obligations. This provides a legal framework similar to marriage but requires notarization. It is also highly recommended to draft a notarized agreement regarding the division of assets to prevent disputes in the event of a separation.
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