Terminou união de facto? Saiba o que deve tratar e como dividir bem imóvel

End of common-law union? Find out what you should handle and how to divide property well.

Common-law marriage is a status granted to a couple who share a life together but are not married. However, is it necessary to follow a procedure to recognize this status? And in this sense, how to separate the union and divide assets, such as a house? This is what we explain in the article.

20 Nov 20234 min

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A separation process is already painful in itself. But it can be even more so when you have to deal with bureaucracy and/or change your address. It's the (re)start of a new life, but it can be done with help... If you are going through a similar situation, count on the support of the real estate agency Casa no Minuto to find your new home, and the credit intermediaries of Poupança no Minuto in case of housing credit. But first, read the steps you should follow in this process.

How to dissolve a common-law relationship?

Firstly, note that being in a de facto union means living together with another partner for more than two years, under conditions similar to those of a married couple: couple living in the same property, sharing a common life

Common-law marriage must be recognized by the Parish Council where the couple lives in order to obtain a certificate. In this case, if it is necessary to separate the union, and one of the members changes the tax address, is that enough to declare the dissolution to the Tax Authority?

The answer is no: in order to dissolve the union of fact officially, you must proceed in the same way as to obtain the status.

So, in order to end a cohabitation agreement, whether by separation of the couple, marriage, or even the death of one of them, it will be necessary to have a written document proving the termination.  

This statement, under oath, must be signed and indicate the date when it occurred. It should be noted that if one of the members does not want or cannot sign, the statement can be signed and delivered to the Parish Council by only one member.  

It is also important to know that the recognition and termination of the de facto union, through a documentary evidence, are not mandatory procedures. But they should be done in case you want to exercise any right under this status, for example in Finance, for IRS purposes.

Common immovable property: What happens?

And what happens, legally, to common-law partners who share a common house in case of termination of the union?

At a legal level, the couple in de facto union is entitled to protection of the home as in the case of divorce. If there is no consensus, the property is assigned by the court to the member of the couple who needs the home the most. This applies whether the property is rented, acquired by both, or only by one.

This is the general rule: in the case of the couple not having children, the property should stay with the individual who needs it the most. This is identified through the analysis of the economic situation of both, age, health status, location in relation to the workplace, and the context regarding the possibility of either of them having another place to live.

Even if the house has been acquired by one of the couple, the evaluation of both situations is carried out. If it is declared that the other member should live in the property, the court identifies a rental value that this person must pay to the former common-law partner who is the owner of the house. Click here to know more.

The same happens if both own the property, the neediest stays to live there and must pay the rent amount stipulated by the court to the other member.

Please note that court intervention is only necessary if the de facto partners, now separated, cannot reach a decision agreed upon by both.  

Let's organize your new life? The real estate consultants from Casa no Minuto can help you find the right house for you, walking by your side throughout the buying process, as well as the credit intermediaries from Poupança no Minuto to find the suitable credit for you. Use free, effective, and personalized services in this most sensitive moment, and minimize the impact on your pocket with the right proposals.

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