Common-law marriage does not grant automatic rights over lease agreements

2026-02-18

A recent ruling by the Lisbon Court of Appeal (Judgment of January 29, 2026) has clarified a critical point for couples in a common-law marriage (união de facto): living together is not sufficient to guarantee rights over a leased property if only one partner is the named tenant in the contract.

In the case analyzed, the court ruled that the partner who did not sign the lease agreement lacks the legal standing to defend it - for instance, in the event of a property seizure. Under the law, such a partner is considered a mere "detainer" (detentor), lacking the legal possession required to file third-party proceedings (embargos de terceiro).

What does this mean in practice?

Vulnerability: The non-signing partner remains unprotected in situations such as eviction, the sale of the property, or separation.
Right of First Refusal: They cannot exercise the right of first refusal (direito de preferência) should the property be put up for sale.
Formal Communications: The landlord is under no legal obligation to address formal notices or communications to the non-signing partner.

Our recommendation: To ensure effective legal protection of the family home, it is essential that both partners in a common-law marriage are expressly named as tenants in the lease agreement.

This ruling reinforces the vital importance of preventive legal advice when managing patrimonial and housing matters.

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