Last week, the Portuguese Constitutional Court ruled on a relevant issue concerning lease agreements and the rights of individuals living in a non-ceremonial marriage.
In Ruling no. 47/2025, the Court held that it is not unconstitutional for a landlord to notify only the tenant when opposing the renewal of a lease—even if the tenant lives with a non-ceremonial partner. In other words, there is no obligation to notify the partner who resides in the property but did not sign the lease.
The ruling addressed concerns about unequal treatment between married couples and those in a non-ceremonial union. The Court concluded that Portuguese law does not fully equate marriage with informal unions, nor does the Constitution require such equivalence.
In the Court’s view, a non-ceremonial partner lives in the family home as a matter of fact, not of legal right—meaning there is no legal entitlement to housing that requires protection, nor a legal expectation that needs to be upheld.
However, a dissenting opinion argued that the concept of “family home” should not be exclusive to marriage, as the protection intended by law should apply to the home itself—not just the legal relationship between the people who live there.
This decision brings important implications for both landlords and tenants and highlights that, despite being widespread, non-ceremonial marriages still lack the same legal protections as formal marriage.
If you’re unsure how this ruling might affect your situation, it’s best to seek professional legal advice.
Lease Agreements Team
Ana Santos Fontes | Inês Alvoeiro
