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Cohabitants: inheritance, joint estate and cohabitation agreement
Draft, translated: translated from the Norwegian original with the help of a language model, and may contain errors. The Norwegian version is the authoritative one. See the Norwegian original →
Cohabitants do not automatically inherit from each other the way spouses do. Here are the rules, and how you can protect each other with an agreement and a will.
Norwegian original last checked against official sources: 22 September 2026. Rules and figures change, so always check the official site before you act.
Unlike spouses, cohabitants do not automatically inherit from each other under the law, unless you have children together. If you do not know this, it can come as an unpleasant surprise on the day it matters.
Do you have children together?
If you have, have had, or are expecting a child together, the surviving cohabitant has the right to an inheritance of four times the National Insurance basic amount (4G), even if the deceased has lineal heirs (children). The basic amount changes every year on 1 May. As at 1 May 2026, 4G corresponds to approximately NOK 546,000 (4 × NOK 136,549), but check the current amount with NAV before you calculate it.
Do you not have children together?
Then cohabitants have no inheritance right under the law. If you are to inherit from each other, this must be decided in a will. If the cohabitation has lasted at least five years, the will can give the cohabitant the right to up to 4G, regardless of any compulsory share for children from a previous relationship.
The right to remain in the joint estate
Cohabitants have a limited right to the joint estate (uskifte) compared with spouses. Without a will or consent from the other heirs, a surviving cohabitant can only take over in joint estate:
- the joint home and its contents,
- a car and a holiday home with contents, if these were for shared use.
If other assets are to be taken over in joint estate, this must either be in the will, or the other heirs must consent. If you wish to remain in the joint estate, this must as a rule be reported to the district court within 60 days of the death.
Cohabitation agreement
A cohabitation agreement is not the same as a will. Instead, it regulates the financial relationship between you while you live, including who owns what, and how any separation should be settled. A cohabitation agreement makes things simpler and more predictable both on separation and on death.
Tip: Consider both a cohabitation agreement and a will, as they cover different things. If you are unsure what suits you, a lawyer can usually set up both for a fixed fee at most law firms. See also Free legal aid to find out whether you may be entitled to cover the costs.
Sources
- The Inheritance Act, chapter 4, cohabitants' right of inheritance, Lovdata (Norwegian)
- Norwegian courts. What do you inherit? (Norwegian)
- NAV. The basic amount in the National Insurance Scheme (Norwegian)
Kontaktpunkt24 gives general information, not legal advice. If you need help with your own case, contact a lawyer, a legal aid service, or the relevant authority.
This page is translated from Norwegian with the help of a language model, and may contain errors. The Norwegian version is always the authoritative one.