Marriage and Cohabitation

Being together is often a declaration we make to the outside world: “I’m in a relationship”, “we are life partners”, “we live together”, “I am married”, or perhaps even “I am trapped” (depending on the situation and the audience). These terms all describe a form of togetherness, but only a few have legal implications. Marriage and cohabitation – also known as common-law marriage – are recognized forms of relationships in Finland, with marriage carrying significantly more legal weight than cohabitation.

When in love, does is matter what the government calls your relationship?

Attorneys help with all kinds of legal matters, including matters of the heart. Marriage, in essence, is an agreement. It is a vow to share a life of hobbies, education, work, possibly children, rocking chairs, wrinkles, and memories. One side of a marriage agreement is a commitment to love, through thick and thin.

On the back window of my wedding car, on could read that marriage is about “climbing life’s hills together.” However, you can tackle those hills together in cohabitation as well, no need for a marriage agreement: promises are not only made at the altar.

Legal Framework: Marriage vs Cohabitation

From a legal perspective, there’s a difference between marriage and cohabitation. Marriage establishes a marital property regime between spouses. It includes, among other things, each spouse’s right to the other spouse’s property and assets.

In case of divorce, put simply, the enforcement of marital property rights mean that the less wealthy spouse receives a share of the wealthier spouse’s property, ensuring an equal distribution of assets. This equalization mechanism is called a “settlement.” The wealthier spouse pays this settlement to the less wealthy spouse, resulting in both divorcees having equal wealth.

This is the general rule, with exceptions like the surviving spouse’s privileged status or fairness and compensation provisions. But we’ll leave those for another time.

Hard truth to consider: all relationships eventually end, whether through divorce or death. To lighten the mood, let’s add that love lives on forever…if not after divorce, then certainly after death.

If a marriage ends due to a spouse’s death, the surviving spouse has the right to remain in the shared home, regardless of ownership. The surviving spouse may also inherit if the deceased leaves no direct descendants (e.g., children or grandchildren).

In comparison, in cohabitation regime, when the partners split, there are rights no settlements, nor residency, nor inheritance.

Securing Rights in Cohabitation

The mechanisms described above – property equalization, asset balancing, and protecting a surviving spouse’s position – are specific to marriage. This brief overview highlights how marriage provides distinct legal protections for spouses, unlike cohabitation.

What does this mean for cohabitation? The main takeaway is that cohabiting partners are not protected by the law the same way married people are in separation or death. Even young cohabiting couples should consider what might happen if the relationship ends. These situations can be easily prepared for, securing rights through agreements and wills.

There is no universally “right” choice between marriage and cohabitation, each individual must consider their own situation. However, cohabiting partners must be aware that the system does not automatically protect their rights in separation or death. In cohabitation, it’s essential to address these matters proactively and prepare the necessary documents and agreements for the future.

That said, the most important agreement will always be the one made to one another.

Jukka Pasanen
Attorney at Law, LL.M., and M.Sc. (Econ.), Jurentia Law Firm.