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Rights of a Surviving Spouse — What Property You Retain After Your Spouse's Death

Guide · Updated 26.4.2026

A surviving spouse in a marriage has four key rights in Finland. This guide explains each of them with practical examples and statutory references.

In Brief

The surviving spouse has four main rights: 1) marital portion (half of marital property), 2) tasinko privilege (you are not required to transfer your own assets to heirs), 3) right of possession to the shared home (you can live there for the rest of your life), and 4) survivor's pension from Kela and occupational pension providers. A cohabiting partner does not have these rights.

Marital Portion
Tasinko Privilege
Right of Possession to the Shared Home
Survivor's Pension
Will and Inheritance
Cohabitation vs. Marriage

1. Marital Portion

Marital portion means that the spouses' marital property is divided equally during the division of property. The rule is based on Section 99 of the Marriage Act.

What Does Marital Property Mean?

In principle, marital property includes all property owned by the spouses, unless excluded by a prenuptial agreement or will. This includes homes, cars, savings, investments, pension savings, and debts. A prenuptial agreement can significantly alter the situation.

Example of Marital Portion

The spouses' combined marital property totals €400,000. The deceased's own property is €260,000, yours is €140,000. When equalised, each party is entitled to a marital portion of €200,000. You receive an additional €60,000 (€200,000 − €140,000) as tasinko from the deceased's estate — unless you choose to invoke the tasinko privilege in the opposite direction (below).

2. Tasinko Privilege

Tasinko privilege provides special protection for the surviving spouse. Under Section 103(2) of the Marriage Act, the surviving spouse is not obliged to transfer their own marital property to the deceased's heirs, even if the deceased's estate is smaller than the marital portion.

This is a one-sided right: the surviving spouse can exercise it, but the deceased's heirs cannot claim tasinko from the surviving spouse's property.

Example of Tasinko Privilege

You were wealthier than the deceased: you had €300,000, the deceased had €100,000. Without the tasinko privilege, you would have to transfer €100,000 as tasinko to the deceased's estate (so that each party would have €200,000). With the tasinko privilege, you keep your property in full, and the deceased's heirs divide €100,000 − debts.

You must declare the tasinko privilege at the estate inventory or division of property. If you do not mention it, it may be deemed waived.

3. Right of Possession to the Shared Home

Under Chapter 3, Section 1a of the Code of Inheritance (Perintökaari 3:1a), the surviving spouse may retain undivided possession of the spouses' shared home and ordinary household effects, even if the home belonged to the deceased and the deceased had lineal heirs.

What the Right of Possession Means

You can live in the home as long as you wish — for the rest of your life
You cannot sell the home alone (ownership belongs to the heirs), but you can continue to live there
You pay the home's running costs (maintenance charge, electricity, water)
The heirs receive ownership, but cannot access the home until the right of possession ends

When the Right of Possession Ends

When the surviving spouse dies
When the surviving spouse voluntarily relinquishes the right of possession
When the surviving spouse permanently moves away

Important: The right of possession applies to the shared home — the residence where the spouses lived together at the time of death. Not a summer cottage, not an investment property, not the deceased's separate residence.

4. Survivor's Pension

The survivor's pension consists of two separate components: Kela's national pension survivor's pension and the occupational pension provider's survivor's pension. Most people receive both.

Who Is Eligible?

A surviving spouse who was married (cohabiting partners do not receive survivor's pension)
Typically, having children or the duration of the marriage is a requirement — the exact criteria are set out in pension legislation
A surviving spouse below retirement age receives an initial pension, then the actual pension

How Much Do You Receive?

The exact amount depends on your own and the deceased's income level. Generally:

Kela national pension (survivor's pension): income-related, typically a few hundred euros per month
Occupational pension (survivor's pension): approximately 50–60% of the deceased's occupational pension, coordinated with your own occupational pension

Use the calculators: kela.fi/leskenelake and tyoelake.fi.

Apply As Soon As Possible

Survivor's pension is not paid retroactively for more than 6 months before the application date. Every delayed month is money you will not get back. Applying electronically through OmaKela takes less than 30 minutes.

5. Will and Inheritance

The surviving spouse's right of inheritance depends on whether the deceased had lineal heirs:

The Deceased Has Lineal Heirs (Children)

The surviving spouse does not inherit by statute — they receive their marital portion, tasinko privilege, and right of possession to the shared home. The children inherit the deceased's property. A will can change the situation by giving the surviving spouse specified property, but children have the right to a statutory portion (half of their statutory share).

The Deceased Has No Lineal Heirs

The surviving spouse inherits the entire estate with restricted ownership. This means the surviving spouse manages the property during their lifetime but cannot bequeath it. Upon the surviving spouse's death, the property passes to the deceased's secondary heirs (parents, siblings).

The Surviving Spouse's Own Will

You can only bequeath your own property. You cannot bequeath property received with restricted ownership that belongs to the deceased's secondary succession order — it returns to the deceased's family.

6. Cohabitation vs. Marriage — Comparison

Right	Marriage	Cohabitation
Marital portion	Yes	No
Tasinko privilege	Yes	No
Right of possession to shared home	Yes	No
Survivor's pension (Kela)	Yes	No
Survivor's pension (occupational pension)	Yes	No
Statutory right of inheritance	Limited	No
Compensation for contribution to joint household (Act 26/2011)	—	Possible

Read more about a cohabiting partner's right of inheritance →

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Frequently Asked Questions

What rights do I have as a surviving spouse under Finnish law?

A surviving spouse who was married has four main rights: 1) marital portion, i.e. half of the spouses' joint marital property under Section 99 of the Marriage Act, 2) tasinko privilege, i.e. the right not to transfer your own marital portion to the estate, 3) right of possession to the shared home under Chapter 3, Section 1a of the Code of Inheritance (Perintökaari 3:1a), and 4) survivor's pension from Kela upon application. A cohabiting partner does not have these rights.

Does the surviving spouse automatically inherit their spouse's property?

Not always. If the deceased has lineal heirs (children or grandchildren), the surviving spouse does not inherit but receives their marital portion and right of possession to the shared home. If there are no lineal heirs, the surviving spouse inherits the entire estate with restricted ownership, and the deceased's parents or siblings inherit only after the surviving spouse's death (secondary succession). A will can change the situation.

What is tasinko privilege?

Tasinko privilege is the surviving spouse's right not to transfer their own marital property to the deceased's estate, even if the deceased was wealthier. The rule is based on Section 103(2) of the Marriage Act. In practice: if you were wealthier than your spouse, you do not have to transfer "tasinko" to the deceased's heirs — you keep your own property.

Can I continue to live in the shared home?

Yes. Under Perintökaari 3:1a, the surviving spouse may retain undivided possession of the spouses' shared home, even if the home belonged to the deceased. This also applies when the deceased has lineal heirs. The right of possession continues until the surviving spouse dies, moves away, or relinquishes it. Right of possession means you use the home — you do not own it.

How much is the survivor's pension?

The amount of survivor's pension depends on your own income level and the deceased's earned occupational pension. Kela's national pension survivor's pension is income-limited to a maximum of approximately €700/month, and occupational pension providers' survivor's pension is usually 50–60% of the deceased's occupational pension. The exact amount is calculated upon application — use the calculators at Kela and the Finnish Centre for Pensions.

How do I apply for survivor's pension?

You apply for survivor's pension from Kela using form ETK/KELA 7004 or electronically through OmaKela. Apply as soon as possible: survivor's pension is not paid retroactively for more than 6 months before the application date. You can check the correct occupational pension provider using the Finnish Centre for Pensions' Työeläkeote (pension record).

What if I was in a cohabiting relationship, not a marriage?

A cohabiting partner does not have these rights: no marital portion, no tasinko privilege, no automatic right of possession to the shared home, no survivor's pension from Kela or occupational pension. A cohabiting partner can inherit only by will and generally belongs to inheritance tax class 2.

Sources

Marriage Act (234/1929): Finlex
Code of Inheritance (40/1965), especially Chapter 3: Finlex
Kela — Survivor's Pension: kela.fi
Finnish Centre for Pensions — Family Pension: tela.fi